Damage Apportionment in Patent Infringement Cases: Practical Tips and Strategies Explored

Katherine H. McGuire is a Partner in the firm and Chair of the Intellectual Property practice group. She has more than 25 years of experience as a registered patent attorney and is a Partner in the firm's Business & Finance Department where she is Chair of the Intellectual Property Practice Group. She has extensive experience in all aspects of U.S. and foreign patent procurement, infringement and validity analysis, freedom-to-operate opinions, competitive surveillance and patent litigation. Her practice further includes negotiating and preparing Intellectual Property agreements including patent and know-how licensing, joint development, technical service, confidentiality and consulting agreement.

Dr. Werner is an economist, CPA, and Senior Consultant in NERA’s Intellectual Property Practice, where he provides economic, financial, and statistical analysis to support complex litigation. Dr. Werner has applied his expertise to matters involving economic damages in a wide range of cases, including claims concerning patent infringement, false advertising, and anti-competitive conduct, among others. He has also provided expert witness testimony and published articles on the topic of damages. Prior to joining NERA, Dr. Werner served as an economist at a boutique consulting firm in the San Francisco Bay Area, and analyzed financial data while working at a Big 4 accounting firm. Dr. Werner has also presented his academic economics research at several conferences and served as a peer review referee for academic journal publications.

Dr. Andrew M. Malec is Head of the firm’s Intellectual Property (“IP”) Practice Group and the firm’s Chief Economist.  As a practicing economist, he specializes in utilizing his economics and statistical background to assist in providing economic advisory services to litigators on a complex, commercial litigation matters with a particular emphasis on automotive recalls and intellectual property litigation matters.  He has significant litigation support experience in economic damage quantification, expert witness testimony, and valuation opinions.  Dr. Malec has provided expert opinions and/or testified in state and federal courts and in alternative dispute resolution proceedings on a variety of litigious matters including, but not limited to, automotive recalls, breach of contract, intellectual property infringement/trade secret misappropriation, intellectual property valuation, product liability, and statistical analysis.