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Medica, LLC

Intellectual Property Disputes

Contact Us (216) 357-2646

Often the cornerstone of a business, intellectual property must be rigorously protected and effectively managed to maintain value.  When intellectual property and licensing disputes arise, organizations need to quantify the assets at stake, demonstrating their value clearly, concisely and credibly.  Medica, LLC provides companies with advice and assistance in a wide range of intellectual property matters, including dispute analysis, valuation and royalty examinations.  With significant experience in intellectual property matters, we provide clients with clearly conveyed analysis supported by the appropriate research and experience.  We have recently provided the following services:

  • Reviewed and analyzed cash flows, intervening reasons for business failure and improper transfers to S-Corp shareholders on behalf of bath and beauty products defendant in dispute involving alleged theft of trade secrets, breach of joint venture agreement and breach of contract. Assisted outside legal counsel with extensive deposition of plaintiff’s financial expert and corporate officers.

  • Analyzed damages sustained by plaintiff in pharmaceutical patent infringement matter.  Evaluation included analysis of appropriate remedies including royalty rates, as well as application of patent law.

  • Evaluated alleged lost royalties and damages claimed by plaintiff related to alleged patent infringement by a truck and trailer suspension system manufacturer.  Analysis included review of gross margin, industry margin, and royalty rates, appropriate application of the Entire Market Rule, and determination of average selling price per unit.

  • Analyzed claimed damages in patent infringement matter involving infringing sales of the defendant. Dispute involved patent for a bed frame assembly used in recreational vehicles.

  • Conducted special investigation of unpaid royalties by third party licensee for software used in the preparation of legal documents.

  • Quantified damages from theft of trade secrets and employee raiding. Work involved evaluation of financial impact of theft of proprietary information and lost business value.

  • Analyzed claimed damages for breach of contract and misappropriation of trade secrets.

  • Retained on behalf of plaintiff to review invoices and other supporting documents related to the issues in this case. Provided analysis of invoices to determine the existence of overcharges on mark-ups related to advertising placements and out-of-pocket expenses.

  • Performed royalty audit on behalf of metal ingot manufacturer for alloy composition used by licensee.  Identified and quantified unpaid royalties due licensor.

  • Retained by university to perform royalty audit on license agreements related to biotechnology software.  Findings included underpayment of royalties and process improvements in identifying unpaid royalties.

  • Analyzed damages associated with infringement and dilution of registered trademarks and misappropriation of trade secrets.  Alleged damages resulted from terminated employees operating a competing entity using the plaintiff's registered trademark in advertising, marketing, and selling competing products in an attempt to deceive customers of the plaintiff.

  • Engaged by vinyl siding and window manufacture to perform "Favored Nations" review of vendor pricing at resin supplier. Reviewed and analyzed supply contracts, sales records, shipping documents and accounts receivable records to determine whether the siding and window manufacturer received equal or lower pricing compared to other customers of the resin supplier.

  • Analyzed the appropriate royalty rate for licensing of state-of-the-art software used in the automobile insurance industry.

  • Analyzed damage model for lost royalty payments associated with trademarks and licensing agreements for products related to footwear and apparel.

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