Intellectual Property
Our experts provide analysis supporting two key elements of intellectual property claims: analyzing whether there has been an infringement of intellectual property rights, and computing damages caused by the infringement. First, we can identify an infringement--or show that no infringement occurred--using probability modeling. This analysis can take a number of forms, from refuting Digital Millennium Copyright Act (DMCA) safe harbor protections by showing repeat infringements by individual internet users,1 to demonstrating likelihood that copyright-infringing material was developed independently, to showing likelihood of consumer confusion in the case of trademark infringement. If our first-prong analysis reveals an infringement, the second prong of our intellectual property services is computation of economic damages. Because the first-prong analysis is often key to the computation of damages, we encourage our clients to engage our firm for both an analysis of infringement and computation of economic damages.
