Publication | Thomson Reuters

Assets and Finances: Calculating Intellectual Property Damages, 2023–2024 ed.

Cleve B. Tyler and Gregory E. Smith

October 2023

Cleve B. Tyler and Gregory E. Smith coauthored this book, which provides in-depth coverage of damages theories used in intellectual property (IP) litigation, as well as a comprehensive review of methodologies used in IP damages estimation. Written from the vantage point of an expert witness for IP damages, the book dissects how courts have treated damages for all types of IP, including patents, trademarks, copyrights, trade dress, and trade secrets.

Deepa Sundararaman authored the appendix chapter on “Intellectual Property Expert Damages Admissibility,” which reviews district and appellate court decisions regarding admissibility of expert witness testimony on damages.

This 2023–2024 edition includes expanded discussions of numerous IP damages matters and new or updated coverage of the following topics:

  • An updated section regarding the inclusion of lost profits on convoyed sales following the Federal Circuit’s ruling in Sunoco v. U.S. Venture (see §3:39)
  • A new section on the use of the Income Approach (see §5:4) and Market Approach (see §5:29) in estimating reasonable royalties in patent cases
  • New and expanded sections related to apportionment in estimating reasonable royalties in patent cases, including new sections on:
    • the use of the smallest saleable patent-practicing unit (see §5:11)
    • apportionment “built-in” to comparable licenses (see §5:12)
    • apportionment methods (see §5:13)
  • An updated section regarding burdens for disgorgement of infringer’s profits in trademark cases, addressing the Third Circuit ruling in Instant One Media v. EZ Faux Decor (see §7:2)

This guidebook relates caselaw to practical approaches in calculating damages, making it a worthwhile publication for IP practitioners.

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Related Professionals

Cleve B. Tyler

Managing Director

Washington, DC

Gregory Smith

Managing Director

Washington, DC

Deepa Sundararaman


Washington, DC