Chapter 4: Intellectual Property | FTI Consulting

Chapter 4: Intellectual Property

Top Disputes & Investigations

Forensic & Litigation Consulting

September 23, 2020

Blue C + Arrows

IP disputes are likely to be affected by COVID-19 in complex and currently difficult-to-predict ways, from force majeure provisions that firms may use to justify failure to perform under licensing agreements, to the impact of work-at-home practices on the protection of trade secrets, to the novel and complex issues that will arise from the protection of intellectual property surrounding treatments and vaccines.

We have broad expertise in a wide range of issues that arise in IP litigation. In this section, of our 2020 Insights: Top Disputes & Investigations, we highlight our work helping clients resolve disputes on major Intellectual Property projects.

Infringement Dispute on Solar Power Technology

A dispute over solar power technology led to a lawsuit where our client was sued for allegedly misappropriating the technology underlying the design and development of a solar panel. FTI Consulting was brought in by Defendant’s counsel to contest Plaintiff’s allegations.

FTI Consulting identified technical experts and worked with them to develop their testimony. We conducted extensive research of existing patents, product literature and documents produced in the case. We were able to show that the technology was already in the public domain and the critical features of the technology resided not in the patents and any alleged trade secrets but in the business know-how that had already been widely disseminated across equipment manufacturers. The case settled prior to trial.

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Key Contact

Vincent A. Thomas

Senior Managing Director, Co-Leader of Dispute Advisory Services