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Intellectual Property Damages


MWL personnel have been engaged as expert witnesses in a number trade secret, patent infringement, trade mark and trade dress disputes.  In one such case, we were asked to perform computations of potential disgorgement of profits, applying Lanham Act and other economic damages principles, in which the primary issue in dispute was the allocation of centralized production, distribution, marketing and administration costs incurred in the home country of New Zealand as related to products sold in the United States. 


In another case, MWL personnel were engaged to provide expert witness services in a trade dress case to compute potential economic damages.  In this case as well, MWL personnel analyzed and testified regarding the economic profits of the accused products in order to assess the economic damages issues.


In another case, MWL personnel were asked to determine lost profits from developmental lead time misappropriated, as  well  as  the  likely 

cost of the avoided development cost due to breaches of the security of a trade secret to prepare food products.  In a last example, MWL personnel were asked to evaluate lost profits from patent infringement violations relating to a patent as well as the lost convoyed sales on electronics devices, applying "Georgia-Pacific" factors in the development of a hypothetical reasonable royalty rate.

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