Intellectual Property

NERA is widely recognized as a leading provider of expertise in the economics of intellectual property (IP). We apply rigorous economic analysis in IP disputes to determine damages in connection with infringement and breach-of-contract claims involving patents, trademarks, copyrights, and trade secrets, and to address such issues as irreparable harm, the commercial success of a patent, and the impact of claimed false or misleading advertising. We value IP in connection with selling or licensing negotiations, preparing required transfer pricing documentation, obtaining advance approval from a tax authority for the price of a particular trade flow or resolving a tax controversy. We help our clients identify portions of their IP portfolios that have value, develop strategies to manage risk, and use their IP for strategic advantage in the marketplace. We also have broad experience with a range of survey techniques that can help determine, for example, the value of trade secrets, brand names, trade dress, and product claims in company advertising. Our understanding of the operation of markets across industries where IP plays a role allows us to prepare and present accurate and defensible analyses in these assignments.