Litigation Consulting and Expert Testimony Case Studies

Patent Infringement: Pharmaceutical

A team of AlixPartners professionals was engaged to assess the value of a patent involved in a method for preparing a pharmaceutical product. The team determined a proper reasonable royalty and corresponding damages after analyzing, among other issues, the wide variety of competing products available in the marketplace including a different formulation of the product-at-issue manufactured by our client, the alleged infringer. Issues of manufacturing capacity were studied and shown to be a limiting factor in terms of asserted damages by the plaintiff. The matter settled favorably for AlixPartners' client just prior to trial.

Damages Analysis and Testimony

AlixPartners provided damages analysis and expert testimony in a patent infringement matter involving graphic enhancement technology embodied in a video game system produced by a major software company. Our team developed a reasonable royalty based on an in-depth review of consumer demand for the technology-at-issue, financial data, related license agreements and a variety of market indicators including product pricing and gaming system competition. The matter settled favorably for our client.

Trademark Infringement

AlixPartners' professionals were engaged to provide expert analysis and testimony with respect to damages involving allegations of trademark infringement by an Internet search engine. Plaintiff's damages expert proposed both lost profit and unjust enrichment damages totaling millions of dollars based on the allegation that the Defendant allowed the trade name of the Plaintiff to be misused by users of the search engine. We analyzed hundreds of thousands of "click-through" data to demonstrate that the alleged misuse of the search term (trade name) at issue did not result in the damages amount claimed by the Plaintiff.