Intellectual Property
Our experts provide analysis supporting two key elements of intellectual property claims: analyzing whether there has been an infringement of intellectual property rights, and computing damages caused by the infringement. First, we can identify an infringement--or show that no infringement occurred--using probability modeling. This analysis can take a number of forms, from refuting Digital Millennium Copyright Act (DMCA) safe harbor protections by showing repeat infringements by individual internet users,1 to demonstrating likelihood that copyright-infringing material was developed independently, to showing likelihood of consumer confusion in the case of trademark infringement. If our first-prong analysis reveals an infringement, the second prong of our intellectual property services is computation of economic damages. Because the first-prong analysis is often key to the computation of damages, we encourage our clients to engage our firm for both an analysis of infringement and computation of economic damages.
1 Developed Markov model of internet file sharing instrumental in demonstrating repeat infringements by internet service provider (ISP) customers breaching safe harbor provisions Digital Millennium Copyright Act (DMCA). BMG Rights Mgmt. (US) LLC v. Cox Communs., Inc., No. 1:14-cv-16112015, U.S. Dist. LEXIS 161091 (E.D. Va. Dec. 1, 2015).
