Intellectual Property
Overview
Experts
Publications

Economists at The Brattle Group provide innovative and rigorous economic analysis, combined with in-depth industry experience, to assist our clients with complex intellectual property matters.

In a fast-changing and increasingly competitive global economy, intellectual property has become a crucial factor shaping the economic successes and failures of businesses large and small. Never before has possession of a proprietary technological advantage had such competitive significance. At the same time, intellectual property rights have never before been so threatened. Competitors, both domestic and foreign, succumb to the temptation to copy critical technologies, and valuable trademarks are readily copied by unscrupulous manufacturers. Rapidly evolving information technologies make it possible for individuals to carry extensive software libraries and giant databases in a pocket or purse.

Recent years have also seen significant changes in the legal landscape defining intellectual property rights, adding a new layer of complexity to addressing these issues. A series of seminal decisions have raised the standards that must be met in order to quantify damages associated with misappropriation of intellectual property. Damage claims must now be supported by more robust evidence and analysis, and a patent owner can no longer count on being able to exclude an infringing product from the market.

We are known for our close working relationships with leading academics and practitioners, and for the clear and successful communication of economic and financial reasoning to clients, judges, juries, and other decision makers.

Our collective experience spans a wide range of industries, including medical devices, pharmaceuticals, computer hardware and software, telecommunications, navigation and location technologies, and consumer products. We strive within a changing and unpredictable litigation environment to manage costs carefully, while delivering the maximum net value to our clients.

Areas of Expertise
Principals
Abere_068
Principal
+1.212.789.3650
Dr. Abere provides economic research, data analysis, and expert witness testimony in cases involving antitrust, contracts, intellectual property, and other commercial litigation as well as regulatory proceedings. More-icon
Bazelon_066
Principal
+1.202.955.5050
Dr. Bazelon consults and testifies in numerous telecommunications matters, ranging from wireless license auctions, spectrum management, and competition policy, to patent infringement, wireless reselling, and broadband deployment. More-icon
Berkman_068
Principal
+1.415.217.1000
Dr. Berkman is an expert in applied microeconomics in the areas of the environment, energy, and natural resources; environmental health and safety; discrimination; and intellectual property. More-icon
Cameron_063
Principal
+1.617.864.7900
Dr. Cameron has more than 15 years of experience consulting to attorneys and companies involved in commercial litigation, regulatory proceedings, and other complex matters. More-icon
Herscovici_087
Principal
Dr. Herscovici specializes in the application of economics, finance, and data analysis to litigation and other complex business issues. More-icon
Levy_080
Principal
+1.415.217.1000
Dr. Levy specializes in microeconomics, econometrics, and statistics. He has supported expert work calculating damages in numerous litigation cases with an emphasis on statistical and econometric issues. More-icon
Danmcfadden557
Principal
+1.415.217.1000
Professor McFadden is a winner of the 2000 Nobel Prize in Economics, the E. Morris Cox Professor Emeritus of Economics at the University of California at Berkeley, and the founding director of its Econometrics Laboratory. More-icon
Myers_036
Principal
+1.617.864.7900
Professor Myers is one of the world’s leading authorities on the theory and practice of finance. More-icon
Neels_241
Principal
+1.202.955.5050
Dr. Neels has more than 30 years of research and consulting experience in all aspects of the transportation sector. More-icon
Wilson_057
Principal
+1.617.864.7900
Dr. Wilson has extensive experience conducting analyses for antitrust, regulatory, and other competition-related matters. More-icon
Principal Emeritus
Principal Emeritus
+1.415.217.1001
Dr. Wise specializes in the application of economics and statistical techniques to analyze damages in connection with business and environmental litigation. More-icon
Academic Advisors
Academic Advisor
Dr. Brennan is a Professor of Public Policy and Economics at the University of Maryland, Baltimore County and a Senior Fellow at Resources for the Future. More-icon
Academic Advisor
Mr. Brotman is a faculty member at Harvard Law School and in the Harvard Business School Executive Education Program. More-icon
Academic Advisor
+1.917.776.8777
Dr. Economides is an expert on network economics, electronic commerce, antitrust, and public policy. More-icon
Academic Advisor
Dr. Grabowski is a Professor of Economics, member of the faculty for the Health Sector Management Program, and Director of the Program in Pharmaceuticals and Health Economics at Duke University. More-icon
Academic Advisor
Robert E. Hall is the Robert and Carole McNeil Joint Professor of Economics at Stanford University and Senior Fellow at Stanford’s Hoover Institution. More-icon
Academic Advisor
Dennis Logue is chair of the board of directors at Ledyard National Bank in Hanover, New Hampshire and a professor emeritus at Dartmouth College. More-icon
Academic Advisor
Dr. Philipson is a Professor of Public Policy Studies at the Irving B. Harris Graduate School of Public Policy Studies at The University of Chicago, where he teaches courses in microeconomics and health economics. More-icon
Consultants
Seth_083
Senior Associate
+1.202.955.5050
Dr. Seth specializes in intellectual property litigation, including investigations at the ITC. She has prepared testimony on a range of economic issues in more than a dozen ITC investigations, and has assisted leading technology companies. More-icon
Article
The Role Of Conjoint Surveys In Reasonable Royalty Cases
October 16, 2013
Published in Law360
Presentation
Safeguarding U.S. Intellectual Property Rights: The Domestic Industry Requirement of Section 337
July 25, 2013
Prepared for a West LegalEd CLE Program
Presentation
Making a Public Interest Case at the ITC
June 19, 2013
Pallavi Seth, Vaishali Udupa, Mark Whitaker, and Kimberly Parke
Presented at the American Bar Association CLE Program
Article
An Economic View of ITC 337 Cases and the Public Interest
November 21, 2012
Published in Law360
Report
The Costs of the ITC Downstream Exclusion Order to the U.S. Economy
July 10, 2007
Daniel L. McFadden and Glenn A. Woroch
Published by The Brattle Group, Inc.
Report
New Economy Litigation: Claims to Intellectual Property and Human Capital in a Global Institutional Environment Changing at the Speed of Thought
September 2001
Mark Sarro, Kenneth D. Gartrell, and Jürgen Weiss
Published by International Society of New Institutional Economics