The valuation of intellectual property is frequently a significant issue in the damages phase of disputes between companies in innovative industries. The selection of appropriate valuation methods, and the application of those methods to the specific facts of the dispute, present challenges to the damages expert and to the finder of fact (whether this is a judge, jury or arbitral tribunal). These challenges may be especially acute in disputes involving intellectual property assets that have not been incorporated in a commercialized product as of the date of the conduct at issue. In this article, we review some of the sources of these difficulties and methods that may be considered to value early-stage intellectual property.
CRA Sessions | Readily ascertainable? AI’s role in redefining trade secrets
Intellectual property expert and host David Duski (CRA) joins Brian Nolan (Mayer Brown), to explore the evolving intersection of AI and trade secret law.