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Latest Update
July 16, 2009 

William H Black, CPA, PC   
7040 Hunters Knoll   
Sandy Springs, Georgia 30328   
telephone 770.698.8020   
fax 770.399.6731   
whb@billblackcpa.com   

 

Intellectual Property

Bill Black has conducted financial analysis and incremental profitability studies, created and validated financial models, evaluated damages claims, provided expert testimony and assisted counsel in a number of significant intellectual property matters throughout the United States. Key elements of one damage calculation included identification of fixed and variable costs in a job order manufacturing environment, and documentation of incremental profitability. Plaintiff was awarded substantially all the damages claimed. In another multi-million dollar matter, Black delivered expert testimony highlighting the analytical and conceptual errors in the opposing expertís presentation and successfully rebutting the claimed damages. Key errors included ignoring the availability of acceptable non-infringing substitutes, and assuming that all defendant sales would have been made by plaintiff (at a substantially higher price point).  Black has developed a structured methodology for evaluating likely intellectual property damages at an early stage, which is discussed here.

Other case examples include:

Trade Secrets

  • Financial modeling and damages calculation for an innovative optical product

Trade Name

  • Assisted a building supply distributor in quantifying damages from a competitorís use of a confusingly similar trade name

Patent Damages

  • Technical fabrics
  • Electronic components
  • Innovative flotation products
  • Retail inventory control devices
  • Oil well fire suppression equipment
  • Home repair product
  • Fire engines
  • Garment manufacturing equipment
  • Marketing package innovation
  • Textile manufacturing equipment

Intangible Assets

Franchise Rights

  • Identification and valuation of components of territorial franchise rights for a health care services business
  • Estimating the value of a telecommunication retail sales franchise
  • Calculating damages from the breach of a distribution agreement in the Middle East

Goodwill

  • Differentiating between personal goodwill and practice goodwill for a regional office of an AmLaw 100 national law firm
  • Goodwill measurement and apportionment in divorce valuations
  • Demonstrating that valuation prepared by the purchaser of a multi-physician specialty practice failed to recognize contribution of goodwill and other intangible assets to cash flow from the practice
 

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