Intellectual Property Damages Expert | Patent, Trade Secret & Copyright
Our team provides economic damages analysis and litigation support for complex intellectual property disputes, including patent infringement, trade secret misappropriation, and copyright infringement. We deliver damages frameworks across a diverse range of sectors, including telecommunications, industrial automation, consumer electronics, biotechnology, and the financial industry. Our expertise lies in synthesizing massive data sets—ranging from global access point databases to millions of consumer reviews—to provide empirical clarity on the value of intangible assets.
We utilize recognized financial methodologies to quantify economic harm, adapting our approach to the specific legal and industrial context of each matter. Our technical capabilities include lost profits and reasonable royalties, advanced econometrics (time-series analysis, computational linguistics, and predictive modeling to isolate the specific contribution of patented inventions to consumer demand), unjust enrichment and apportionment through valuation methods to distinguish patented value from non-patented elements, and finally business valuation and analysis of intangible assets.
Check out some of our projects below:
$90 Million Damages Settlement Against Google, Inc.
Our team worked with Dr. Stephen Magee and his team to calculate damages (lost profits and patent infringement) against tech giant Google, in a federal patent infringement matter involving WiFi-based location determination technology and hybrid positioning systems. The lost profits portion employed the Panduit Factors to model the impact of terminated contracts and foregone deals with major Android OEMs, incorporating a "but-for" price adjusted for price elasticity and incremental profit margins. For the remaining infringing volume, we reconstructed a hypothetical negotiation using the Georgia-Pacific Factors to establish a per-unit royalty rate. Our methodology was built on the evaluation of the strategic importance of server-side data collection and the network externalities inherent in maintaining a world-wide access point database.
Parties settled for $90 million right before trial. Our calculations included advanced time-series econometric analysis, and predictive modeling for the location determination of technologies.
International Trade Commission Expert Testimony
(Client: Stadheim & Grear)
We provided expert analysis for a domestic industry contention in an International Trade Commission (ITC) investigation involving silicon-on-insulator (SOI) wafer manufacturing technology. Our work focused on establishing both the technical and economic prongs of the domestic industry requirement for the asserted patents by analyzing the operations of a primary licensee. We demonstrated the technical prong by mapping the licensee's manufacturing processes—including controlled cleaving and surface treatment steps—to the asserted patent claims using proprietary tool documentation and public manufacturing data. For the economic prong, we quantified significant domestic investments by the licensee, including domestic licensee’s sales and capital expenditures, research and development, and administrative costs between 2011 and 2016. Additionally, we assessed the substantial employment of labor at the licensee’s dedicated U.S. manufacturing facility, which utilized approximately 380 manufacturing employees to produce the protected articles. By synthesizing financial reports, third-party industry analyses, and technical process flows, we provided a rigorous evidentiary framework for the existence of a robust domestic industry.
I testified in front of a panel of judges and helped establish the economic prong for the domestic industry. The judges have thanked me for my testimony, finding it very useful for their decision making.
Patent Infringement Damages against Amazon
(Clients: Davidson, Berquist, Jackson & Gowdey, L.L.P. and Robins Kaplan LLC)
Our team has calculated patent infringement damages in two unrelated federal cases. In 2020, Dr. Ikizler testified in Sherman, TX against Amazon for over 5 hours in front of the jury, for asserted patents covering smart home connectivity technology. Our work helped the plaintiff reach a settlement with HTC and Resideo. Although our client lost the case against Amazon, based on its patents' invalidity, the jury identified Dr. Ikizler as “the most trustworthy and reliable expert” among all experts in the case.
In a separate matter in 2023, our team worked with Robins Kaplan and calculated economic damages for asserted patents covering natural language understanding (NLU) and artificial intelligence within the voice assistant market. Our work calculated reasonable royalty damages arising from the alleged use of patented technology across a massive ecosystem of cloud-based services and consumer electronic devices. We developed an apportionment methodology using large-scale computational linguistics, analyzing over 1.6 million customer reviews to isolate the specific contribution of the patented invention to consumer demand.
Trade Secret & Employment Damages
We have provided economic analysis of trade secrets damages in the presence of non-compete and breach of contract disputes involving the valuation of customer relationships and intangible assets in detail-intensive industries. In a federal matter involving a veterinary surgical device manufacturer, we assessed both actual and potential economic harm arising from alleged competitive entry by a former executive in violation of non-competition obligations.
Our work analyzed the value-at-risk associated with acquired customer accounts, modeled competitive entry scenarios (1-, 3-, and 5-year horizons), evaluated product substitutability and customer switching risk, and applied financial valuation frameworks grounded in industrial organization and customer lifetime value literature. We quantified the impact of increased competition on firm value, revenue retention, and goodwill in a mature, relationship-driven industry where customer loyalty and intangible assets are central to enterprise value.
Trade Secret Damages Settlement Support
(Client: National Instruments)
We provided a trade secret damages estimation and methodology in a complex industrial automation matter involving software within the industrial automation platforms. Our work focused on quantifying the financial impact of alleged misappropriation by identifying overlapping product lines and modeling the revenues at risk for the plaintiff alongside the benefits captured by the defendant. Our analysis utilized a multi-pronged approach to valuation, incorporating reasonable royalties and replacement costs, and helped our client National Instruments settle the case successfully.
Patent Infringement Damages in the Payment Processing Software Industry
(Clients: NCR & Locke Lord)
We provided rebuttal economic analysis in a federal patent infringement matter involving web-based point of sale configuration technology for the hospitality and retail sectors. Our work involved a critical evaluation of opposing expert testimony regarding the importance of the claimed invention and the appropriate methodology for royalty calculations. Dr. Ikizler has testified in the Western District of Texas (in Waco), and saved his client millions of dollars by revealing the flaws in the plaintiff's expert’s profitability analysis.
Trade Secret Damages in the Telecommunications Industry
We provided economic damages assessment in a federal matter involving the alleged misappropriation of proprietary antenna technology within the global telecommunications infrastructure market. We utilized four distinct economic valuation methodologies to capture the broad spectrum of injury to the plaintiff, using unjust enrichment; lost reasonable royalties based on reconstructed hypothetical negotiations and industry benchmarks; the market value of development costs and the market value of lost patent ownership resulting from the defendant's improper patenting of the technology. By integrating industry-specific demand dynamics and complex financial modeling, we provided a rigorous framework that captured both the lost market value of foregone patent coverage and the diminished value of the firm in the eyes of potential investors.
Royalty Calculations in the Oil and Gas Industry
Our team was retained by a major oil and gas company to assess the royalty calculations and economic damages presented by the opposing expert in a patent dispute over oil and gas drill bit technology. Our team's detailed analysis of the partnership's licensing agreements and the most recent independent audits found the opposing experts estimates worldwide royalty estimates to be inflated. The IAMECON team was retained late in the litigation process and prepared a finalized damages report within 10 days, while identifying over $1 million in inflated damages claims by the plaintiffs expert.