Assessing damages theories in recent trade secret verdicts
Trade secret protection is more important than ever with increased employee mobility, blurred lines between technology collaborators and competitors, ease of...
Daniel M. McGavock has specialized in the valuation and strategic management of intellectual property (IP) for over 30 years. Broadly speaking, his consulting work focuses on the application of accounting, business, financial, and economic analyses and expertise to matters involving IP rights. He has applied this expertise as a damages expert in litigation matters and in business and transactional contexts outside of litigation. His experience includes a broad range of industries and all types of IP assets, including patents, trade secrets, trademarks, trade dress, copyrights, and other intangible assets.
In litigation matters, Mr. McGavock has provided expert testimony in a variety of forums including, federal courts, state courts, the US Court of Federal Claims, the Patent Trial and Appeal Board (PTAB), the US International Trade Commission (ITC), domestic and international arbitration tribunals, and bankruptcy court. His litigation work typically involves the analysis of accounting, financial, marketing, and other business information to assess the economic impact of business events. He has served as an expert on IP and business valuation issues and has addressed all areas of potential economic recovery in IP disputes and Lanham Act matters, including lost profits, price erosion, reasonable royalty, profit disgorgement, and unjust enrichment. He has also addressed the issues of commercial success, injunctive relief factors, FRAND licensing terms, and the economic prong of the domestic industry requirement in ITC Section 337 proceedings.
Outside of litigation, Mr. McGavock has valued IP rights in connection with licensing (inbound and outbound) and joint venture transactions, mergers and acquisitions, bankruptcy/restructuring proceedings, intercompany transfer pricing, and financial and tax reporting requirements. He has advised clients throughout the intellectual property commercialization process, including portfolio assessment, strategy development, competitive benchmarking, market research, partner screening, financial modeling, and transaction negotiation. Mr. McGavock has participated directly in IP license negotiations and has conducted license compliance audits and testified on a variety of financial issues related to license compliance.
Mr. McGavock has served as an Adjunct Professor at the Northwestern University Pritzker School of Law where he taught a course on the valuation of IP assets. He has also spoken about or taught workshops on IP damages, valuation and business strategy issues in a variety of professional forums in the US and abroad and has been repeatedly selected to the IAM Strategy 300 – The World’s Leading IP Strategists and the IAM Patent 1000 – The World’s Leading Patent Professionals (as a “highly recommended” economic expert) based on nominations from industry participants. Mr. McGavock is a Certified Public Accountant (CPA) and Certified Licensing Professional (CLP).