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The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Consumer Products industry. Representative intellectual property engagements are described below:
Assisted a plaintiff in a patent litigation by calculating the lost profits and reasonable royalties relating to defendant’s infringing sales of flip-up florescent lighting fixtures.
Assisted a defendant, who was a distributor and retailer of high-end women's handbags, apparel and other accessories, by analyzing the plaintiff’s expert’s lost profits claim due to alleged unfair competition.
Evaluated and quantified damages on behalf of the defendant in a patent infringement case involving electronic coin changers and bill validators used in vending machines.
Assisted defendant in patent infringement suit involving dental bonding kit product. Addressed lost profits on lost sales, price erosion, lost profits on convoyed sales and reasonable royalties.
Retained by a large consumer products company to determine damages associated with the infringement of flash memory storage patents used in digital cameras, music players, and personal digital assistants (PDA’s). This case involved substantial research into the marketplace for flash memory, including standards associated with flash memory, competitors in the marketplace, capacity constraints in the industry and emerging uses for flash memory and other storage media.
Retained by counsel for a Taiwanese computer peripherals manufacturer related to patent infringement claims for wireless computer “mice” technology. We analyzed the sales and other financial and accounting records of both the accused infringer as well as the patentee and summarized the licensing information of both parties.
Evaluated damages for a national specialty retailer caused by infringment of copyrighted patterns by an independent rug producer/distributor. Mr Napper assessed sales and incremental profit margin earned by the infringer and determined a reasonable royalty rate.
Designed, developed and implemented a comprehensive licensing-in program for a Fortune 500 consumer goods company. As part of the program we developed a sophisticated pricing model for royalty estimation reflecting, among other considerations, comparable royalties, product economics, incremental contribution of the subject technology, licensor factors, industry considerations and company factors.
Used our proprietary intellectual asset management diagnostic to evaluate nearly the entire IP management process for a Fortune 500 consumer goods organization. Evaluated nearly all major processes and made recommendations for improvement.
For a consumer products manufacturer, evaluated damages in a patent infringement, false advertising/unfair competition and theft of trade secrets matter dealing with kitchen and household appliance design patents and trade secrets. At issue were the alleged design patent infringement and false advertising and theft of trade secrets claims relating to home air purifiers and slow cookers.
Performed reasonable royalty analysis for international cosmetics firm in a patent infringement matter involving alpha-hydroxy acids.
Performed statistical analysis in patent infringement matter for national golf club maker.
Performed lost profit analysis for Barney the Dinosaur in claims of failing to enforce trademarks.
Assisted in a claim of false advertising relating to the sale of musical instruments. Performed a detailed analysis of plaintiff’s sales contracts and profit information for the products at issue. Calculated damages based on an analysis of plaintiff’s out-of-pocket costs, lost contracts and excess returns. Also assisted in the preparation of expert reports and critique of opposing expert reports.
Assisted a manufacturer of salad dressings and other food products in defending a claim that it had infringed plaintiff’s trademark. Analysis included a study of the trademark’s potential impact on the business of the defendant. Analysis also included a review of sales trend for specific consumer products and in specific geographical areas.
Assisted in the damages analysis and draft of preliminary expert report involving analysis of reasonable royalty damages and Georgia-Pacific factors for a patent infringement case involving a connecting system for shoes.
Assisted in the damages analysis and draft of expert report involving analysis of defendant's profits for a trademark infringement, copyright infringement and false destination of origin case.
Constructed estimate of lost profits damages incurred by plaintiff in patent infringement action involving specialty carpet fibers. Damage issues included incremental profit determination, alternative non-infringing substitute products, past and future price and relevant licenses.
Retained by the defendant in a complex patent infringement litigation involving the alleged infringement of multiple patents covering certain features of the Defendant’s digital cameras. In determining a reasonable royalty, our team performed complex analysis of the demand for the patented features vis-à-vis all other features and attributes embodied in the defendant’s digital camera products. Our work also included an analysis of each party’s existing licensing agreements and cost and feasibility of the defendant’s design-around options as well as other Georgia Pacific factors.
Aided in the preparation of expert's report and calculation of reasonable royalty in a patent infringement matter for a large consumer safety products manufacturer.
Retained by defendant, a trampoline manufacturer, to calculate damages in a patent infringement matter related to trampoline enclosures. Analyzed plaintiff’s and defendant's sales, costs and profitability. Assignment included analysis of plaintiff’s manufacturing and marketing capacity and working capital requirements. Additional analysis included a reasonable royalty calculation as well as a determination of false advertising damages claimed by the Plaintiff as well as the defendant in a counterclaim claim against the plaintiff.
Retained by plaintiff to calculate damages and give opinion in a patent infringement dispute involving in-mouth diaphragm elk and turkey calls used by sportsmen. Opinion included both lost profits and reasonable royalties. Analysis involved pricing, sales, costs, profits of, not only accused products, but also conveyed sales.
Retained by leading fitness machine manufacturer in numerous multi-jurisdictional, multi-faceted intellectual property disputes involving trademark, patent, false marking and false advertising claims. Work performed included analyses of sales, costs, profits, pricing and licensing for multiple fitness products and home gym systems.
Performed economic and financial analysis in evaluating a false advertising claim made by a national Quick Service Restaurant (“QSR”) pizza chain against another national pizza chain. Analyses included assessing the long-term customer acceptance and commercial success of the defendant and demonstrating that such long-term success could not be the result of alleged false advertising that took place over a short time period. Analyses also included assessing the competitive attributes of the QSR pizza market and demonstrating that customers in this market can quickly and easily, and at low cost, identify whether any advertising is false.
Assisted the Plaintiff in a trademark infringement and breach of contract matter involving the sales of MP3 players. Analysis included a review of the Defendant’s sales, cost and profits to assess the economic damages incurred by the Plaintiff.
Retained by defendant, a major home and organizational products manufacturer, in a patent infringement lawsuit related to the sale of gel-filled wrist rests. Responsibilities included a lost profit and reasonable royalty analysis involving a detailed review of the Defendant’s sales, cost and profit information. Additional analysis included a review of the computer accessory market including the competitors in the market, the various products available and the pricing practices within both the commercial and retail channels.
Assisted the Defendant, a large chicken products company, in a trademark infringement case involving a trademark on chicken wings. Analyzed joint costs (breasts, thighs, wings and bi-products) in order to allocate costs and determine product profitability. Applied the chicken wing profitability to the alleged infringing sales to determine trademark infringement damages.
Retained by the Defendant, a fish hook manufacturer, in its defense of alleged trademark infringement and trade secret theft related to certain of its sports fishing hook products. Analysis included a review of the Plaintiff’s and Defendant’s sales, costs and profit information to assess economic damages incurred by the Plaintiff.Additional analysis included a detailed review of Defendant sales records to determine revenue obtained from accused products.
Assisted the Defendant, a leading manufacturer of electronic products, in its defense of an alleged trademark infringement involving the Defendant’s line of home computers. The analysis involved a review of the company’s sales, costs and profits information in conjunction with various licensing rates.
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