Intellectual Property Disputes

At a glance

Baker Tilly provides economic and financial modeling to value intangible assets. We employ industry-accepted methodologies to create reliable analyses lawyers can rely on in all types of matters, from mergers and acquisitions to litigation.

As infringing activity continues to infiltrate entities at all levels, organizations and their legal counsel must align themselves with trusted advisors.

    The principal findings of a U.S. Commerce Department study stated that intellectual property intensive industries accounted for about $5 trillion in value added or approximately 35 percent of GDP. Moreover, these industries directly accounted for 27 million jobs. Since the number of patents granted is in the 9 million range it’s no wonder why competitors, wrongdoers, patent assertion entities and the like have been targeting these assets for years.

    Baker Tilly’s intellectual property experts offer the guidance needed to navigate difficult situations. Clients trust our background, rooted in accounting, finance and economics, to testify on their behalf. Additionally, our training as CPAs enable us to uniquely understand, evaluate, critique, and unearth the data needed to support or rebut infringement claims.

    Baker Tilly has testified from coast to coast in intellectual property disputes involving the infringement or theft of:

    • Patents
    • Copyrights
    • Trademarks
    • Trade secrets
    • Trade dress
    • Technology and software agreements

    These matters involve a myriad of industries, including but not limited to technology, pharmaceuticals and healthcare, consumer products, manufacturing, retail, collectables, agricultural products, clothing, financial services, telecommunications, and energy. Analyses have addressed loss of profits, reasonable royalties, disgorgement, loss of market share, price erosion, commercial success, loss causation, diminution of value, unjust enrichment, and mitigation, among others. We’re conversant on issues involving entire market value theory and incremental profitability.

    Our team also includes skilled valuation consultants who handle IP valuation outside of dispute and litigation settings, as well as royalty audits.

    "The challenge of translating the volumes of data into a clear and concise damage report, and defending it at trial, is what makes our work fun."
    David M. Duffus | Partner, CPA/ABV/CFF, CFE