Client Story

When intellectual property must be defended

May 2017

A digital technology company was facing a crisis. Another company had allegedly misappropriated the digital technology company’s proprietary technology—the foundation of the latter’s business—and then used it to grow its own business. Soon after that, the other company was acquired at a premium. The digital technology company filed a lawsuit against multiple defendants—the other company, the other company’s new owner, and individual defendants—alleging misappropriation of its technology, violation of a nondisclosure agreement, and breach of contract. The lawsuit, like any intellectual property lawsuit involving trade secrets, required significant evidence. The digital technology company had to not only prove that the misappropriation and breach of contract had occurred but also demonstrate the profound negative financial impact that the violations had had on its business.

Expert analysis and testimony play critical roles

To seek monetary recovery through the court, our client had to present a well-founded claim for damages. Our global team of forensic technology experts, PhD economists, and accountants developed an independent damages methodology for each allegation to determine the potential impact on the video game company’s business. To calculate potential damages, we reviewed the at-issue technology, the alleged wrongful conduct, the supporting evidence, and relevant case law. We also conducted an analysis of the relative bargaining power of the parties under a hypothetical licensing scenario. Then we testified about our findings at deposition and trial.

When it really matters

If technology companies can’t defend their intellectual property assets, they might quickly see their business value evaporate. Our expert testimony demonstrated to the jury precisely how much the company stood to lose because of the defendants’ actions. The jury ultimately found liability for some of the defendants on some of the claims and awarded our client hundreds of millions of dollars in damages.