In our work as valuation and damages experts in legal disputes, we at Foresight Valuation Group are often engaged in cases that require the identification and valuation of intangible assets held by an individual (for example: a spouse in a divorce) or by a corporation (for example: the patent portfolio of a business) that need […]
Damages Expert Blog: Let the Jury Select the Royalty Rate
| Posted in Blog | No commentIn this blog, we are discussing the United States Court of Appeals for the Federal Circuit’s March 2021 decision in the Bayer v. Baxalta case and the discretion is provided the jury in selection a reasonable royalty rate for damages calculations. The details of the case involve the Federal Circuit affirming the District Court’s […]
Digital Intangibles: How NFTs Transform the World of Art and Sports Memorabilia
| Posted in Blog | No commentThe utilization of blockchain within the digital art environment is a new and rapidly growing application of the technology to enable ownership and authentication of intangible works of art. Historically, physical pieces of art could be bought, sold and authenticated based on the documentation that accompanies the work (known as provenance). The authentication process relies […]
Romag v. Fossil: Resolving a Circuit Split on Willfulness and Profit Awards for Trademark Infringement
| Posted in Blog | No commentIn the midst of the COVID pandemic, the Supreme Court resolved an issue that was split evenly between the circuit courts. The issue before the Court was whether the Lanham Act, which is the federal statute governing trademarks, required a plaintiff to prove that the defendant had willfully infringed their trademark before the plaintiff could […]