Effective Intellectual Property Damages Calculation: A Comprehensive Guide

Larry Rosenberg is a principal in the Intellectual Property Practice, based in New York. He is an expert in license negotiation, patent valuation, damages and reasonable royalty analysis in litigation, and deal origination and structuring.

Mr. Rosenberg has advised clients on establishing royalty rates for worldwide licenses to standard-essential telecom patent portfolios; advised companies and investors in acquisitions of IP portfolios; and in negotiation of business terms of patent licenses and settlements of patent litigation. He has developed complex lost profit models, analyzed comparable licenses, and calculated reasonable royalty rates for use in federal courts and arbitration proceedings. His IP litigation experience includes patent and trade secret matters in a variety of industries, including telecommunications, gaming, chemicals, software, life sciences, and biosimilars. In addition to his experience in IP matters, Mr. Rosenberg has performed damages assessments in breach of contract matters in the financial services and asset management industries.

He has a proven track record in monetizing patent portfolios and led the origination team in patent financing, acquisition and licensing at GE Capital, closing several ground-breaking transactions. He has developed financing structures designed to maximize the value of patent portfolios of companies in several industries including telecommunications, technology, media, semiconductors, automotive, and consumer electronics. He is acknowledged as one of the world’s top 300 leading IP strategists by Intellectual Asset Management magazine. He held several securities licenses including, Series 7, 24, 53, and 63 during his tenure at Merrill Lynch.

Cleve B. Tyler, PhD, is a managing director at Berkeley Research Group, LLC. who specializes in applying economic analyses to antitrust, intellectual property, and damages issues.  An economic consultant with more than twenty years of experience, Dr. Tyler has testified at deposition and trial in US federal court, in state court, and at arbitration.  He is author of the book Calculating Intellectual Property Damages, published by West Publishing which is forthcoming in late 2020, and had written a chapter in prior versions of that book addressing IP expert testimony admissibility annually since 2010.  He has also published papers on damages and competition issues including in Antitrust, Antitrust Bulletin, and The Global Competition Review.  Dr. Tyler also is an adjunct professor of economics in Johns Hopkins University’s applied economics program, teaching graduate-level courses in industrial organization and microeconomics.