TM Financial Forensics provides licensing, valuation and damages consulting on matters involving patents, trademarks, copyrights, trade secrets, trade dress, rights of publicity and false advertising.  Our consultants have provided expert testimony on damages at trial in Federal Courts, State Courts and in the International Trade Commission in some of the largest and most complex intellectual property infringement and misappropriation disputes in recent decades.  Our intellectual property services include:
 

• Damages Analysis and Quantification
• Licensing Strategy and Support
• Intellectual Property Valuation
• Royalty Compliance Investigations
• ITC Section 337 Investigations
• Litigation Support

TMF consultants have significant experience in a wide variety of matters addressing intellectual property damages and valuation in industries including, high technology, communications, software, semiconductors, pharmaceuticals and medical devices, and consumer goods.  We have analyzed intellectual property related to semiconductor equipment and devices, memory, integrated circuits (chips), LEDs, routers and switches, telecommunications equipment, satellite TV, encryption, power controllers, DVRs and VCRs, LCD panels, GPS devices, medical devices, athletic footwear and toys, as examples.  In matters involving software, TMF consultants have a wide variety of experience including operating systems, ERP systems, business to business software solutions, database applications, search engines, customer management solutions, business analytics software, retail software packages, video games and emulation software, web conferencing, email and messaging software, diagnostic service contracts and support, e-commerce and ETL software, as examples. 

TMF consultants have prepared and assessed claims for lost profits, price erosion, reasonable royalties, reasonable royalties in the context of FRAND obligations, unjust enrichment and other measures of economic damages.  Our experts have performed analysis of reasonable royalties in the context of standard essential patents or patents subject to FRAND obligations involving cellular technology standards and WLAN standards.  We are experienced in analyzing the multitude of issues required to assess intellectual property damages, such as apportionment of profits, manufacturing and sales capacity, available alternatives, customer demand, company and product profitability, competition, and cost savings and enhanced earnings related to licensing IP.  Our experts have evaluated and determined reasonable royalties for a broad range of products and industries, reviewing and analyzing thousands of license agreements. 

Our professionals also value intellectual property related to its transfer, licensing and disposition.  We consult with clients regarding factors influencing licensing opportunities, including assessing potential royalties, licensing strategy, evaluating proposals and risk exposure, and assisting with settlement and licensing negotiations.  We also investigate licensing and royalty compliance disputes, including assessing compliance with license terms and the accuracy and completeness of royalty payments.

We have also assisted clients with Section 337 investigations in the United States International Trade Commission.  In this context, we have analyzed the economic prong of the domestic industry requirement, as well as evaluated the commercial success of articles covered by the subject patents.  We have addressed remedy issues including analyzing the impact of extending an exclusion order to downstream products.