Analyzing Your Intellectual Property

We strive to meet the unique needs of the intellectual property community by delivering technical and insightful economic and financial analyses in a wide range of industries. We use a client-centered, cost-effective approach to develop and execute a thorough work plan.
Gleason IP applies industry insights and financial analysis across the spectrum of intellectual property issues. Our team has deep experience within the life sciences, technology, manufacturing, retail, communications, energy, construction, and healthcare industries, among others.
Our services include:

Whether valuing intellectual property, analyzing licensing royalties, or valuing an entire company with significant intellectual property assets, we help our clients solve valuation problems and take advantage of strategic opportunities. Gleason IP’s distinguished professional credentials include ABV, CVA, and CLP.

Intangible Asset Valuation

  • Conduct independent research related to IP assets and their potential markets.
  • Perform independent testing and analysis of management’s forecasts and assumptions of commercialized products.
  • Analyze the market for the IP assets’ current and future cash flows in the context of asset sales, license negotiations, or tax and estate planning.
  • Determine reasonable fair market value estimates of IP assets.

Business Valuation

  • Determine the value of an organization’s intellectual property separately or as a part of determining the value of an entire business enterprise.

Intellectual Property Licensing

  • Quantify the value of IP assets for potential sale or license.
  • Report IP assets’ value to management to support informed decisions on licensing terms and conditions.
  • Assist in the negotiation, structure of the financial terms, and licensing of intellectual property.

Financial Reporting

  • Analyze and quantify the value of intangible assets, including intellectual property in connection with acquisitions and ongoing financial reporting requirements.
  • Analyze the value of intangible assets, including intellectual property, for potential impairment under applicable standards.

We assist attorneys and their clients in all phases of the litigation process, from pre-litigation planning and early damages assessment to assistance with the discovery process and expert witness testimony at trial.

Patent Infringement Disputes

  • Quantify damages resulting from alleged infringement by conducting research and analysis to understand the IP at issue, the market for the commercialized product, and its value.
  • Evaluate “Panduit” and “Georgia Pacific” factors, among other issues, in assessing lost profits and reasonable royalties in patent infringement matters.
  • Apply technical financial and economic models to licensing negotiations with a backdrop of our relevant experiences and our professional licensing credentials.
  • Offer patent infringement dispute experience in a variety of industries, including life sciences, technology, software, and manufacturing, among others.

Secondary Considerations of Non-Obviousness

  • Perform analyses of secondary considerations of non-obviousness, including examination of the commercialized product’s performance.
  • Analyze financial and economic factors to determine whether a nexus exists between a product’s performance and the asserted claims of the patent at issue.

Trademark, Copyright, Trade Secrets, and Other Intellectual Property

  • Trademark, trade dress, and copyright infringement matters: Research, analyze, and prepare damages assessments based on market knowledge and industry factors.
  • Theft of trade secrets: Apply knowledge of intellectual property across numerous industries and technologies to analyze available damages, including lost profits, disgorgement, and other financial damages measures.
  • False advertising claims: Provide assistance in Lanham Act matters and financial analyses involving a variety of disputes.

Breach of Contract

  • Analyze and quantify lost profits, unjust enrichment, and other damages resulting from breach of contract claims related to intellectual property.
  • Research disputed terms of licensing agreements, royalty calculations, or other general contract disputes.

Preliminary Injunction Hearings

  • Analyze claims of irreparable harm and whether potential damages can be quantified in connection with temporary restraining order and preliminary injunction hearings.
  • Provide testimony at temporary restraining order and preliminary injunction hearings in support of our analyses related to the quantification of damages or irreparable harm.

Pre-Litigation Services

  • Help counsel and their clients evaluate potential financial recovery should litigation be pursued.
  • Evaluate financial damages exposure if a product is launched that may infringe the intellectual property of another entity.
  • Conduct assignments confidentially and on a consulting basis so that counsel and its clients are informed throughout the process, including pre-litigation, mediation, and settlement discussions.

Assistance During Litigation

  • Provide assistance to counsel by helping to craft effective requests for production of documents and interrogatories during the discovery phase of litigation and by creating effective deposition questions.
  • Assist counsel in fact and expert witness deposition preparation.
  • Perform financial and economic analysis during mediation and settlement discussions to help clients resolve financial disputes.
  • Define options related to the magnitude of potential damages and conduct risk/reward analyses to evaluate settlements or continuing to trial.

Our knowledge of how to value and license intellectual property allows our team to evaluate and maximize client opportunities related to IP assets.

Intellectual Property Management

  • Work with management to identify and inventory intellectual property assets.
  • Assist management in developing a plan to ensure appropriate royalties are being collected and value is maximized.

Royalty Audit Services

  • Assess if the licensee may be incorrectly interpreting the royalty arrangement and underpaying its royalty obligations, which may occur in self-reporting scenarios.
  • Help clients evaluate the financial impact of license terms and conditions as well as evaluate the potential issues in calculating royalties pursuant to license agreements.
  • Perform detailed forensic accounting analysis to reveal the amounts paid pursuant to license agreements and determine their reasonableness and accuracy.
  • Review financial records and reporting to identify potential issues with the calculation and underlying data.
  • Assist corporations, universities, foundations, and individuals who act as licensors to confirm receipt of negotiated licensing terms. Many license agreements require the licensee to pay for the cost of royalty audits if discrepancies and/or underpayments are identified.

News and Press

Gleason IP News & Updates

April 22, 2024

Recent Changes to the Federal Rules of Evidence Governing the Admissibility of Expert Testimony Effective December 1, 2023, the Federal Rules of Evidence relating to the admissibility of expert testimony were amended. The Federal Advisory Committee on Evidence Rules (the “Committee”) indicated that Rule 702 (Testimony by Expert Witness) was amended in order to clarify...   Read More

Gleason IP News & Updates

January 19, 2024

Federal Circuit Affirms Use of Skinny Label for Vortioxetine   In December 2023, the United States Court of Appeals for the Federal Circuit affirmed a district court’s opinion regarding noninfringement of two patents related to specific uses of the antidepressant drug Trintellix® (vortioxetine).  This opinion reaffirmed the use of the “section viii” statement, allowing companies...   Read More

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