Assets and Finances: Calculating Intellectual Property Damages, 2024-2025 ed.

Gregory E. Smith and Cleve B. Tyler coauthored this book, which provides in-depth coverage of damages theories used in intellectual property (IP) litigation, as well as a comprehensive review of methodologies used in IP damages estimation. Written from the vantage point of an expert witness for IP damages, the book dissects how courts have treated damages for all types of IP, including patents, trademarks, copyrights, trade dress, and trade secrets. 

This 2024–2025 edition includes expanded discussions of numerous IP damages matters and new or updated coverage of the following topics: 

• Expanded sections on lost profits from patent infringement (Chapter 3) and patent infringement reasonable royalty analyses (Chapter 5) 
• Further discussion and recent developments on whether foreign sales may be infringing in a reasonable royalties case (§2.60 and 5.50) 
• Updated discussion of trademark, copyright infringement, and trade secret misappropriation damages based on recent court cases, including: 
  • Supreme Court and 10th Circuit decisions in Abitron v. Hetronic regarding extraterritoriality for trademarks (§2.10) 
  • Supreme Court decision in Warner Chappell Music specifying that the three-year statute of limitations does not necessarily limit the damages period (§2.12) 
  • 2nd Circuit decision in Syntel Sterling Best Shores Mauritius regarding the compensatory nature of trade secret misappropriation damages and the role of unjust enrichment (§7.1) 
• Updated discussion on prejudgment and post-judgement interest, including analysis of more than 200 cases from last fifteen years and details of seven new cases providing additional insight (Chapter 8) 
• Reorganized and updated Appendix B showing selected citations from damages cases 

Deepa Sundararaman authored Appendix A, “Intellectual Property Expert Damages Admissibility.” The updated appendix accounts for recent amendments to FRE 702, as well as analyses of recent court decisions related to Daubert motions on admissibility of damages experts in IP cases.   

This guidebook relates caselaw to practical approaches in calculating damages, making it a worthwhile publication for IP practitioners. 

Find out more about the book.