Kroll's experts have a wealth of experience testifying regarding intellectual property (IP) valuation and damages. We perform robust, independent valuations of IP assets, and provide valuations in various damages contexts.
Our experts are well-versed in quantum and damages analyses (including reasonable royalties, lost profits, disgorgement and unjust enrichment), as well as international trade issues (including domestic industry, injury, public interest, remedy and bonding). Our economic experts are trained in statistics, econometrics and surveys. We also provide advice and support to businesses outside of litigation in order to protect and monetize their assets, such as strategic IP consulting, IP investigations and transfer pricing services.
Kroll’s advice helps businesses worldwide protect and monetize their IP and intangible assets more effectively. We offer clear, current and informed advice across a breadth of issues around IP valuation, licensing, economics, transfer pricing and transaction advice. Our interdisciplinary team boasts expertise spanning various industries, covering IP licensing, strategy, transactions and disputes. We also offer expert witness testimony in cases centered on IP infringement.
Kroll’s Data Insights and Forensics practice focuses on due diligence during IP acquisition and creation, support in securing protection rights, managing trade secrets and cybersecurity, monitoring for IP right infringement or license misuse; and support during the compliance and renewals processes to ensure continuity of protection.
Our testifying experts support and advise clients in IP disputes and have been called on to provide independent damages analyses, expert reports and expert testimony in courts across the U.S. and Canada, at the International Trade Commission, and across global arbitration venues, including the LCIA, ICC, ICSID, SCC, HKIAC, CIETAC and SIAC.
Kroll experts are renowned for delivering analysis and testimony pivotal to the outcomes of high stakes litigation. This includes cases involving infringement of patents (including Georgia-Pacific factors for determining reasonable royalties and Panduit factors for lost profits), copyrights, trademarks and Lanham Act, trade secrets (including the UTSA) and international trade (including exclusion orders and domestic industry at the International Trade Commission).
Kroll’s IP Investigations practice provides a comprehensive approach to mitigating and responding to patent infringement, IP theft, counterfeiting, unauthorized gray market diversion, illicit trade, leaks of confidential information and misinformation/disinformation. We help companies identify threats to IP and confidential information internally and throughout their supply chain, develop the appropriate mitigation strategies and carry out IP investigations to identify suspected infringements. When infringements occur, we use the most sophisticated techniques to establish the harm inflicted.
Helping clients deal with risks in the digital domain – fake news, misinformation and responding in a crisis.
Helping clients combat counterfeit goods, gray market sales and unfair competition from untaxed imports.
Helping clients identify the source of a leak so they can respond appropriately.