Economic analysis—Bates
White employs sound economic models tailored to the context
and requirements of each engagement. In evaluating the damages
that arise out of infringement, Bates White economists rely
upon established methods of economic analysis—incorporating
relevant information regarding the structure, conduct, and
performance in the markets at issue—to determine the
prices, revenues, profits, or market shares that would have
prevailed, but for the infringement at issue. This economic
approach estimates the financial consequences of infringement
by explicitly accounting for the impact of infringement
on the dynamic elements of competition.
Bates White
professionals also conduct an in-depth analysis of the technology
at issue to gain insight into design-around costs and the
potential for technology or product substitution. Consequently,
in the case of lost profits, we often examine a wide range
of issues in addition to lost sales, including price erosion,
quantity accretion, cost changes, and sales of related products.
The result is a more accurate and credible assessment of
damages solidly grounded in the principles of economics.
Statistical and quantitative methods—Capturing
the profit contribution of a particular technology is often
the focus of damage analysis. Appropriate use of statistical
and quantitative methods can provide a scientifically valid
means of isolating incremental profits, as well as explaining
other salient issues such as market definition. The Bates
White team includes world-renowned experts in statistics,
econometrics, and microsimulation modeling.
Financial analysis—The accurate
analysis of financial statements is key to establishing
the financial profile of a business entity. Interpreting
financial statements to ascertain economic costs and profitability
of assets, including intellectual property, often requires
in-depth expert analysis. Bates White experts rely upon
cutting-edge forensic accounting techniques and established
principles of financial analysis to extract the most accurate
and relevant financial information for determining damages.
Antitrust counterclaims—Bates
White’s extensive experience in antitrust offers the
breadth necessary to address fully antitrust counterclaims
arising from claims of intellectual property infringement.
Our experts have played a critical role in numerous high-profile
antitrust cases, providing testimony on both liability and
damages in cases involving allegations of price-fixing,
monopolization, and stifling of innovation.
