Intellectual Property

Protecting an organization’s intellectual property (IP) is critical to its success. The experts at FTI Consulting help clients deal with the myriad of challenges and complexities of successful intellectual property management. We combine financial, competitive and industry information with our in-depth understanding of intellectual property value to provide litigation support and damages quantification as well as intellectual property valuation, royalty compliance, licensing, and technology and intellectual property management and commercialization. Our experts also assist our clients with resolving a wide range of brand integrity issues through strategic brand protection, counterfeit and IP investigations.

Litigation Support and Expert Testimony

From discovery to settlement, we work with clients involved in court cases, arbitration tribunals and administrative hearings to develop the strongest possible litigation strategy.  Our experts analyze financial records, develop damages claims, critique opposition expert reports, assist with witness preparation, perform analyses, and provide expert witness testimony. FTI Consulting provides clients with litigation support in six critical areas:

  • Patent infringement
  • Trademark infringement
  • Trade secret misappropriation
  • Copyright infringement
  • False advertising
  • Unfair competition

From early case assessment through trial, our experienced professionals provide practical, hands-on experience that helps unravel the complexities of a situation to develop a solid litigation strategy. Our early case assessment involves collaboration among in-house and outside counsel, senior management and our professionals to identify and implement cost-effective strategies and make an initial evaluation of potential damages or exposure.  This early review helps reduce discovery costs and prepare for litigation or settlement negotiations.

International Trade Commission Section 337 Investigations

Intellectual property researchers and analysts at FTI Consulting perform the economic and commercial analyses necessary to support International Trade Commission Section 337 investigations, which are used to prevent certain products from entering the United States.  

Issues we address include establishing the existence of a domestic industry, demonstrating the commercial success of the patented invention and evaluating issues related to the appropriate remedy such as exclusion of downstream products.

Royalty Compliance Services

We work with clients to determine the amount of any unpaid royalties, prevent future losses, understand their licensees’ royalty obligations and strengthen their relationships with business partners. Royalty compliance services include:

  • Reviewing royalty payments, reports and calculations  
  • Determining whether the licensee’s understanding of its obligations matches that of the licensor
  • Auditing information and presenting findings and recommendations to the client
  • Designing programs for future monitoring of licensees

Technology & Intellectual Property Management

We provide IP litigation, tax planning and technology-transfer expertise that helps improve innovation, manage knowledge and forge superior licensing agreements, enabling clients to maximize the value of their IP assets. Our team is engaged in the entire technology and intellectual asset life cycle, from internal development to external development.

Following inception, we assist clients in managing their technology and intellectual property assets. Our client services include:

  • Portfolio and brand management
  • Trade secret identification and protection
  • Protection of intellectual assets as intellectual property
  • Patent maintenance fee decisions
  • Freedom-to-operate analysis
  • Foreign filing decisions
  • Mapping of IP to products
  • Competitive intelligence
  • IP as a source of financing
  • Technology marketing
  • Transaction and post-merger assistance

Intangible Asset Valuation

We help clients accurately value intangible assets, including patents, trademarks, copyrights and trade secrets. We employ a wide range of accounting, tax, purchase and sales models.  The services we offer include:

  • Purchase price allocations
  • Sale, disposition and transaction support
  • Restructuring and liquidation
  • Accounting and tax regulations
  • Support for disputes involving IP and other intangible assets

Intellectual Property Investigations & Brand Protection

FTI Consulting works with brand owners, law firms, in-house counsel and government entities to develop a comprehensive strategy against counterfeit and grey market goods. We succeed by monitoring markets, collecting evidence, conducting investigations, performing forensic analyses and supporting litigation. We devise and implement strategic solutions and tactical actions to combat the increasing threat posed by counterfeits, grey market goods and other intellectual property offenses.

Brand Development, Marketing & Research

Our award-winning branding and marketing team uses market analysis, creative design, Web development, publications, advertising and more to create multifaceted marketing campaigns which maximize the value of clients’ brands.

Trade Secret Damages: Client and Juror Expectations

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2012 Intellectual Property Statistics

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Intellectual Property

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Intangible Assets Valuation

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Royalty Compliance Services

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