Intellectual Property Disputes

Many companies’ most valuable assets are patents, trademarks, copyrights, and trade secrets. Owners of these assets often understand that maximizing their benefits and protecting against unauthorized use is essential to long-term success. Pursuing, or defending against, misappropriation or infringement claims related to these assets has become an integral of the continued success of a business in an ever-changing and complex market.

Hemming Morse’s partners include seasoned experts who possess deep experience in valuing intellectual property assets and assessing their impact on a company’s operations, whether in the context of a sale, financial statement reporting, licensing, performing a royalty examination, or in a dispute. With accountants, economists, financial analysts, appraisers, and licensing professionals, our team possesses the qualifications and expertise necessary to credibly quantify the values of intellectual property assets.

In the dispute context, we work with counsel and technical experts to understand the marketplace impact of the intellectual property and quantify that impact through accepted and defensible damages analyses. Our approach provides for a comprehensive, robust, well-reasoned and credible damages analysis.

Representative Matters

Copyright Infringement and Trade Secret Misappropriation

Cadence, a software firm specializing in electronic design technologies and services, brought a lawsuit against Avant! Corporation for trade secret misappropriation and copyright infringement. The subject intellectual property involved certain computer code contained in software products sold by Cadence. Hemming Morse was engaged to assess the existence of damages suffered by the plaintiff and testified at trial.

Patent Infringement

Research Corporation Technologies, a technology investment and management company, filed a lawsuit against Hewlett Packard for patent infringement. The patents in the suit involved digital half-toning technology (rendering of a gray-scale laser image by HP printers). Hemming Morse was engaged to analyze reasonable royalty damages. Based on an analysis of the Georgia-Pacific and Bic Leisure factors, including consideration of the technical benefits of the at-issue technology, the industry and market, and licensing history, our team estimated a reasonable royalty rate and damages.

Trade Secrets Misappropriation

MicroStrategy lost several of its employees to Business Objects, a competitor in the field of business intelligence software. After the employees moved to Business Objects, MicroStrategy filed suit misappropriation of trade secrets. Hemming Morse evaluated monetary remedies available to MicroStrategy, including actual damages, measured as lost profits, a disgorgement of Business Objects’ profits, and a reasonable royalty.  The Hemming Morse expert ultimately testified at trial.

Patent Infringement

Innovention, Inc., an inventor of technology-based board games, sued MGA Entertainment, Inc., for infringing Innovention’s patent covering a chess-like board game. Hemming Morse was retained to quantify damages during the infringement and provisional rights periods. Hemming Morse’s expert measured and testified at trial regarding Innovention’s lost profits damages during the infringement period and reasonable royalty damages during the provisional rights period.