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Expertise
- Anticompetitive conduct analysis
- Antitrust counterclaims
- Damages estimation
- FRAND royalties
- Georgia-Pacific factors
- Lost profits analysis
- Market definition
- Price erosion
- Royalty rate determination
- Settlement and mediation support
- Valuation
Spotlight
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Douglas Bernheim's analysis cited extensively in court decision on permanent injunction
Dr. Bernheim testified on behalf of Amgen in Amgen v. F. Hoffman-La Roche to advise the court considering whether to grant a permanent injunction against Roche’s sales and marketing of a product that infringes Amgen’s patents. The judge issued a court order that agreed with Dr. Bernheim’s conclusions and cited his testimony extensively.
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Practices
Intellectual Property
For businesses competing in today’s rapidly evolving markets, intellectual property is a vital component of economic success. Many of Bates White’s clients invest heavily in innovation and in the development of intellectual property, and they often face challenging IP management issues throughout the life cycle of their products. We have extensive experience conducting economic analysis in IP negotiation and litigation, and our professionals are called upon to provide opinions in these matters as consulting and testifying experts.
Bates White’s Intellectual Property Practice complements our experience in antitrust and includes evaluation of counterclaims arising from alleged patent infringement. We have consulted or testified regarding claims for injunctive relief against infringement, where our analysis focuses on legal standards related to irreparable harm, adequacy of monetary damages, balance of burdens, and public interest. We also quantify the impact of alleged infringement in patent, trademark, and copyright cases by evaluating the competitive landscape and calculating price erosion, reasonable royalties, and lost profits.
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Expertise
- Anticompetitive conduct analysis
- Antitrust counterclaims
- Damages estimation
- FRAND royalties
- Georgia-Pacific factors
- Lost profits analysis
- Market definition
- Price erosion
- Royalty rate determination
- Settlement and mediation support
- Valuation