Whitley Penn assists clients from the boardroom to the courtroom with a broad array of issues related to the valuation and strategic management of intellectual property (IP), including patents, trade secrets, trademarks, trade dress, trade names, know-how, and copyrights. Our professionals provide a sophisticated business perspective on intellectual property issues by leveraging our core experience and skills in accounting, finance, economics, valuation, and business strategy.
Because intellectual property is intangible in nature, its value is not related to physical properties. Instead, the value of intellectual property is in the owner’s ability to retain an exclusive right to use, manufacture, reproduce, or promote a unique creation or idea. When a wrongdoer uses or profits from the intellectual property owned by another, the owner may suffer damages.
Our team of professionals has developed expertise in the analysis of economic damages in the context of IP disputes by leveraging our experience, qualifications, and knowledge of IP strategy and transactions. Our professionals include CPAs, MBAs, JDs, and Certified Licensing Professionals with extensive experience navigating the IP litigation landscape. We combine our extensive experience with IP damages analysis, an up-to-date knowledge of relevant case law, and real-world licensing and transactional experience to help our clients realize an optimal outcome.
Our testifying experts have considerable experience in assessing remedies available to intellectual property owners. Whitley Penn can help owners with an accurate appraisal of the damages sustained. We apply standard methodologies including lost profits, reasonable royalty, and unjust enrichment, as well as other calculations necessary to provide an assessment of the damages incurred by the intellectual property owner.
Whitley Penn helps clients maximize their IP portfolios by leveraging proven best practices developed through prior client engagements. Our professionals utilize customized plans to facilitate an inventory of a client’s IP assets, identify and assess strategic options, and develop and implement strategies that support overall corporate objectives and maximize financial returns. We also assist clients in measuring the economic value that particular IP activities create and provide customized deliverables that are grounded in a firm understanding of particular clients, the industries and markets they operate in, and proven best practices.
In a constantly evolving regulatory environment with ever-changing tax laws, financial reporting requirements, licensing practices, merger and acquisition activity, cross-border trade, and litigation activity, it is particularly important for decision makers to have accurate and defensible intellectual property valuations. Whitley Penn leverages its core ability to assign economic value to intangible assets and complex financial transactions for the benefit of its clients in today’s dynamic and complex business environment.
Whitley Penn provides clients and their counsel assistance throughout the IP transactional process, from strategy development, through the identification and evaluation of licensing opportunities, to ongoing negotiation assistance. The diversity of our clients and broad range of transactional experience Whitley Penn professionals possess facilitates our ability to maintain a sound and current understanding of licensing practices and structures across industries and situations. We regularly perform research and quantitative analyses that guide our clients’ strategically important decisions regarding their IP portfolios.