Effective Intellectual Property Damages Calculation: A Comprehensive Guide

Dr. Sheridan is a principal in the Intellectual Property Practice at CRA.  He has over a decade of experience working with various aspects of the intellectual property (IP) value chain including the development, valuation, commercialization, and strategic management of IP.  He has addressed a broad range of financial and economic issues in the context of litigation, including lost profits, unjust enrichment, reasonable royalty, commercial success, irreparable harm, and the economic prong of the domestic industry requirement in Section 337 ITC matters.  Outside of litigation, he has performed intellectual property valuations for a variety of business purposes and has negotiated numerous licenses and other agreements with companies ranging from Fortune 500 firms to start-ups.  Dr. Sheridan was named to the IAM Patent 1000: The World’s Leading Patent Professionals (economic experts) in 2019.

Cleve B. Tyler, PhD, is a managing director at Berkeley Research Group, LLC.  For more than twenty years, he has applied economic analyses to a wide range of intellectual property, competition, and damages issues, having developed or analyzed damages models for many types of claims including patent infringement, trade secret misappropriation, copyright or trademark infringement, breach of contract, breach of fiduciary duty, antitrust, and unfair competition.  Dr. Tyler has testified at deposition and trial in US federal court, and at arbitration.  He has published papers on damages and competition issues including in Antitrust, Antitrust Bulletin, and The Global Competition Review, and has published a chapter annually since 2010 on expert testimony admissibility in Calculating Intellectual Property Damages, published by Thomson Reuters.  Dr. Tyler is an adjunct professor of economics in Johns Hopkins University’s applied economics program, teaching graduate-level courses over the last ten years in industrial organization and microeconomics.