Valuing IP rights and assessing their impact

As an inventor, how can you ensure you get a fair return for everything you have invested to achieve your goal, or reduce the impact of an infringement of your intellectual property (IP)? As a user, how do you ensure the royalties you pay are fair?

Teaming up with our IP experts gives you access to a wide range of support, including:

• financial valuation of your IP
• assessment of royalties and injunction applications
• assessment of competition law risks
• quantification of damages

We combine in-depth knowledge of IP issues with experience across a wide range of sectors—including telecoms, technology, pharmaceuticals, and broader life sciences.

Litigation and arbitration

If you require expert evidence for litigation and arbitration, we can support you in a wide range of disputes, including those involving:

• fair, reasonable and non-discriminatory (FRAND) royalties
• copyright and trademark licensing
• damages from an IP infringement
• cross-undertaking damages from a wrongful injunction
• damages from contractual breaches
• antitrust infringements, including potential abuse of dominance

Our clients trust us to apply the most appropriate framework to each individual issue, and we are renowned for our integrity, robust financial insights, and economic analysis.

Our experience

We’ve helped organisations in the UK and across Europe achieve successful outcomes, including through our advice in landmark IP disputes.

Noteworthy examples of our experience include the following.

Litigation and arbitration

• testified on behalf of Unwired Planet in its landmark dispute with Huawei, relating to FRAND royalties and allegations of abuse of dominance
• engaged as experts in multiple disputes involving FRAND royalty rates for both cellular (3G and 4G) and non-cellular (e.g. video) patents
• testified for Pfizer in the Federal Court of Australia in litigation involving damages to generic suppliers from an injunction; this led to the damages payable by Pfizer being lowered
• represented a leading pharmaceutical company in arbitration proceedings relating to damages caused from a breach of confidentiality under a licensing agreement
• engaged as experts in multiple disputes in the life sciences sector, requiring assessment of potential damages to inform the granting of an injunction, and a new product launch
• hired by music collecting society for copyright litigation and determination of a reasonable licence fee for musical rights

Other strategic advice

• helped a start-up to assess a fair market value based on expected revenues from its licensing arrangements, and subsequently negotiated its buy-out
• advised a large technology company on alternative dispute-resolution mechanisms in the context of FRAND licensing
• provided strategic IP royalty rate advice to a client in the aviation sector

This is just a short note to say how impressed all of the legal team and our clients are with your expert evidence. Your approach to the role in giving expert evidence and the diligence and thoroughness with which you and your team approached the trial were truly impressive.

- Tim Cowen, Partner, Preiskel & Co