IP Infringement Valuation Expert Witness UK

IP infringement valuation expert witnesses provide independent opinions on the quantum of damages in patent, trade mark, and copyright infringement proceedings. The claimant must elect between compensatory damages (lost profits or reasonable royalty) and account of profits.

A reasonable royalty is the rate a willing licensor and willing licensee would have agreed at the time infringement began, assessed using comparable licences, the value of the patented technology to the infringer, and the hypothetical negotiation framework. The valuation expert calculates both compensatory damages and account of profits to inform the election.

Brand value erosion may be quantified where infringement has damaged the claimant's brand reputation. Patent infringement quantum disputes frequently turn on the appropriate royalty rate, the period of infringement, and whether lost profits or reasonable royalty produces the higher recovery.