Philip Saunders Associates (PSA) provides consultation, market delineation, 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 data bases.

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.

For national specialty retail chain claiming theft of trade secrets by competitor, PSA reviewed defendant'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, followed by successful defense in six hour deposition.

In claim for misappropriation of customer lists and trade secrets and counter-claim for tortious interference, PSA analyzed market and reconstructed and analyzed financial records of printing equipment manufacturer and distributor, which alleged client's actions interfered with its business and prevented it from obtaining financing. PSA's analysis showed manufacturer's earnings were less than reported, company's main product had no long-term future, and financing was problematical at best. Case settled on confidential basis for fraction of amount claimed.

Getting the Most From An Economic Expert, Massachusetts Lawyers Weekly.

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