Economic damages commonly occur due to a breach of contract or infringement of intellectual property, among other infractions, creating unfair competition. Determining economic damages is a complex process, especially when it involves a part that complements a product rather than the product itself, which is common in the technology realm (e.g., smartphones). At P&A, we have extensive experience determining economic damages as nearly half of our engagements involve litigation. Our economic damages calculations stand up in court, including verdicts over $100 million. In fact, in the Personalized Media Communications, LLC (PMC) v. Apple, Inc. patent infringement case, the jury validated our analysis to the penny at $308,488,108 and ordered Apple to pay the damages via a running royalty for infringing patents related to digital rights management. The court validated our analytical methods as “sufficiently reasoned, reliable, relevant, and scientific.”

Our experience involves a variety of cases requiring economic damages analysis, including divorce proceedings, patent infringement, trade secret misappropriation, and more. Because no common model exists for calculating damages as each case has extenuating circumstances, each case requires extensive investigation, strategy, modeling, documentation, and considerations for an accurate economic damages calculation. As such, parties in a lawsuit often miscalculate expected value at trial, costing them economically, even if they win the case. P&A helps our clients avoid unnecessary economic costs and provides them economic damages calculations that stand up in court.