Connecting the claimed harm to the intellectual property
An intellectual property damages analysis must explain both the amount of the claimed loss and its connection to the rights at issue. Envision Economics examines the relevant products, market conditions, customer demand, and available alternatives to develop an economic account supported by the evidence.
Lost profits and reasonable royalties
Lost profits analysis examines the economic position the claimant would have occupied in the absence of the alleged infringement. Depending on the dispute, relevant questions include sales that would have been made, pricing effects, incremental costs, and the role of competing products. Reasonable royalty analysis examines the economic value of access to the intellectual property, including relevant licensing evidence and the alternatives available to the parties.
Apportionment, alternatives, and licensing evidence
When a product incorporates multiple technologies or sources of value, the analysis must distinguish the contribution of the intellectual property at issue from other contributions. Dr. Chapman’s published work examines apportionment, hypothetical negotiations, and the use of settlement licenses in royalty determinations. The relevance of any license or alternative depends on its economic context and the facts of the matter.
Commercial success and other economic issues
The practice also addresses commercial success, irreparable harm, copyright damages, and trade secret damages. These assignments require attention to the relationship between the claimed economic effect and other factors such as marketing, market structure, product characteristics, and competition.
Relevant expert testimony
In Kolcraft Enterprises, Inc. v. Chicco USA, Inc., Dr. Chapman provided an expert report and jury trial testimony on reasonable royalty damages concerning technology used in child playards in the Northern District of Illinois. His litigation CV identifies additional expert reports, deposition testimony, and consulting assignments.
Questions about intellectual property damages
What issues can an intellectual property damages expert address?
Depending on the assignment, the work can include lost profits, reasonable royalties, apportionment, licensing evidence, noninfringing alternatives, commercial success, and the economic basis for claims of harm.
How are publications relevant to an expert engagement?
The publications provide a basis for evaluating Dr. Chapman’s thinking about damages methods. An opinion in an individual case must still rest on that case’s evidence, economic circumstances, and the questions counsel asks the expert to address.