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The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Internet industry. Representative intellectual property engagements are described below:
Assisted Plaintiff, a leading Internet portal in a patent infringement suit related to electronic search on the Internet. The analysis included a review of the Defendant’s sales, costs and profits related to the allegedly infringing technology. Additionally, the analysis involved an assessment of industry and company licensing rates.
Assisted Defendant, a popular Internet search engine that provides electronic search, shopping and auctions services, in a patent infringement suit related to software used to electronically select information from the Internet for use in its search, shopping and auctions databases. Reviewed and analyzed Defendant’s sales, costs and profits of the allegedly infringing technology and analyzed industry and company royalty rates.
Retained by an on-line insurance services provider to assess damages from breach of contract and unfair competition resulting from a referral agreement between two parties. This project involves a detailed review of the source of each click-through to the website, a study of the website’s “conversion” rates (e.g., the percentage of click-throughs that result in a purchase) both before and after the contract was initiated and damages quantification from unfair competition.
Retained by the Plaintiff in a trademark dilution matter involving the unauthorized use of the Plaintiff's name on an internet web site. The analysis involved a review of the Plaintiff's sales, cost and profits related to its in-store and Internet related sales
Engaged by counsel for a global manufacturer of children’s toys and board games to determine economic damages suffered from the use of a trademarked consumer product name as a website address. The issues involved in the analysis included assignment of
U.S.
versus international rights, valuing the website’s address, and determining the contribution of the website’s address to product sales. This analysis also involved a review of website statistics such as number of hits, click-through and order rates, and the potential damages (loss of orders) from the alleged use of the domain name by the defendant.
Assisted in the damages analyses and preparation of expert reports in a patent infringement suit relating to internet protocol telephony products. Conducted damages analysis involving the application of
Georgia-Pacific
factors to determine reasonable royalties.
Assessed lost profits, price erosion, and reasonable royalty damages for a patent infringement case related to content delivery networks and the internet. Analysis included the application of the
Panduit
factors and the
Georgia-Pacific
factors to determine appropriate damages. Additional areas of involvement included reviewing sales contracts, license agreements, and market studies, among others. Assisted in the preparation of expert reports, deposition of witnesses and critique of opposing expert’s reports.
Assisted a large utility company in its defense of a lawsuit brought by a startup Internet company claiming misappropriation of trade secrets, breach of contract and a variety of other causes of action relating to a home services referral website. FTI’s work included reviewing business plans of the plaintiff and defendant, evaluating the plaintiff business’ likelihood of success in light of significant completion, analyzing the relevant market including the effect of the demise of dotcom companies and assessing competitive websites and business concepts. The case went to trial, which our client won on all counts.
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