Reflections on IP Damages - 2011


Lit.Econ’s economists and accountants specialize in providing highly qualified expert assistance and testimony for attorneys in a wide variety of business litigation cases. Whether it is determining a plaintiff’s economic damages “but for” some event, or evaluating a plaintiff’s claim and preparing an alternative calculation, the professionals at Lit.Econ LLP can provide the necessary expertise in all phases of the litigation process at a reasonable cost to the client. The following are recent examples of intellectual prop- erty disputes in which Lit.Econ LLP has provided expertise.


H. & R. Block is the owner of several patents relating to an online real-time credit card appli- cation process. Block filed suit against for patent infringement. Block alleged that infringed its patents by matching mortgage loans and bank rates with consumers through its widely accessed website. Lit.Econ LLP was retained by Block to determine a reasonable royalty and related economic damages from the alleged patent infringement. Our professionals worked for two years on this case, examining different damage models based on changing court deter- minations of the LendingTree products that may have infringed Block’s patents.


The patent owner in this litigation was a corpo- ration engaged in designing, developing, manufacturing and selling technically advanced ambulatory drug delivery systems. The patent owner filed suit against a competing company which had recently begun selling similar drug delivery systems for infringement of certain claims of a single patent owned by the plaintiff as well as the misappropriation of trade secrets and unfair competition. Lit.Econ accountants determined lost profits damages as well as a reasonable royalty rate. We testified at trial on monetary damages. The plaintiff prevailed in its case of patent infringement and was awarded monetary damages.