Intellectual Property
Philip Saunders Associates (PSA) provides consultation, competitive analysis, and quantification of damages in patent, trade secret, trademark, and copyright cases. Assignments may involve qualitative analysis of business dynamics and markets as well as detailed and statistical investigation of sales and financial data bases.
Selected Cases
- For manufacturer of laboratory instruments and consumables charged with patent infringement, PSA analyzed market and sales of plaintiff and defendant. Assignment involved detailed analysis and comparison of both companies' sales data bases. PSA demonstrated that plaintiff's claims were unsupported by its own data, market had multiple suppliers, lost profits claims were not properly quantified, and price erosion was not due to defendant's allegedly infringing products. Court denied plaintiff's claim for lost profits.
- For national specialty retail chain suing competitor for theft of trade secrets, PSA reviewed competitor's business plans and strategy, assessed market size and stratification, analyzed history of market penetration, and projected future market shares of plaintiff and defendant. Based on market share projections and plaintiff's P&L business model, PSA estimated present value of lost profits of $3,300,000.
- For startup company, contesting rights to bioremediation patent, PSA created business plan, projecting potential profits from commercialization of process. Assignment involved extensive research into hazardous waste treatment and storage and into market for bioremediation of nuclear and toxic waste. PSA provided testimony in affidavit, which was basis for denial of motion for summary judgment against startup.