Damages

Damages services

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While DisputeSoft does not render opinions on damages, we provide several services in coordination with a damages expert.

Percent Complete Analysis

Completion percentage at the termination of a project frequently figures into the damages calculation. For example, in a termination for convenience, a vendor may be entitled to recover costs for completed or partially completed portions of the system. DisputeSoft can assess the project’s completion percentage, which in turn can be input into a damages expert’s calculation. Moreover, we can review an opposing expert’s percent completion opinion and, as appropriate, rebut it. DisputeSoft conducted a percent complete analysis while serving as an expert in the Federal Signal Technologies, LLC v. Texas Department of Transportation (2014).

Cost to Complete or Replacement Cost

Counsel may need an opinion on the cost to complete a project that was only partially completed at termination. DisputeSoft uses industry standard costing methods such as COCOMO to arrive at a defensible estimate of the cost to complete a software project.

Unauthorized Use of a License

In a claim for damages for the unauthorized use of intellectual property on digital platforms, counsel may need to know how many instances of unauthorized use occurred during a specified time period. DisputeSoft collects and analyzes data that identifies occurrences of unauthorized use, which in turn can be input into the damages expert’s calculation, whether in the affirmative or upon rebuttal. DisputeSoft identified and quantified unauthorized uses of a license in its Sam’s West, Inc. v. Nicole Aloni, Sony ATV Music Publishing v. Cavs USA and Ace Karaoke, and Certification Trendz v. Zhou, et al. matters.

R&D Head Start

When an individual or a company infringes on another’s intellectual property, it inherits a “head start” on research and development at the expense of the intellectual property owner. DisputeSoft’s experts opine on the question of how much of a head start the infringer’s unlawful actions provided. To answer this question, our experts use industry standard measures to determine the amount of time and effort necessary to create the infringed intellectual property.