Intellectual Property
The Brattle Group provides rigorous economic analysis and expert testimony in complex intellectual property (IP) disputes across Australia and the Asia-Pacific region. We work closely with leading law firms on high-stakes patent, copyright, trademark, and trade secret matters, delivering data-driven analysis that is robust, defensible, and court-ready.
Led by Principals Luke Wainscoat and Hans Weemaes, our Sydney-based team advises on damages, valuation, and financial issues arising in contentious IP proceedings. They work in close collaboration with Brattle’s globally recognised Intellectual Property practice, giving Australian lawyers access to an international bench of experienced testifying experts, industry specialists, and advanced analytics professionals.
Damages and Quantum
We advise on all aspects of IP damages and financial remedies, including reasonable royalties, lost profits, price erosion, and account of profits. Our work is grounded in a strong understanding of the facts, sound economic theory, careful financial analysis, and detailed empirical evidence, aligned with Australian legal principles and evidentiary standards.
Our teams combine dedicated economists, accountants, and data engineers to analyse complex and large-scale datasets, assess causation, model counterfactual scenarios, and quantify harm with precision. Our local team also has experience in cost analytics, cost allocation design, and operations experience, enabling us to provide robust estimates of relevant costs in but-for analyses. We ensure that our conclusions are transparent, well-supported, and resilient under cross-examination.
Valuation and Commercial Disputes
We advise on IP valuation, licensing disputes, and broader commercial matters involving intangible assets. Our analysis of comparable licences, bargaining dynamics, and the economic contribution of technology helps clients navigate technically complex and commercially sensitive issues with confidence.
The Brattle Advantage
Brattle blends local expertise with global reach. Our integrated international IP team is adept at handling matters involving multinational portfolios and providing around-the-clock support across multiple jurisdictions. We deliver high-quality analysis efficiently and cost-effectively, with a strong focus on clear communication. We work closely with legal teams to translate complex economic evidence into clear reports and testimony.
Representative Engagements
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False Claims Analysis Regarding a Patent
A Brattle expert prepared three expert reports examining the effects of misleading conduct in relation to a patent dispute. The expert analysed potential effects on revenues and profits of the affected firm and undertook statistical analysis to estimate the volume of sales that would have taken place in the counterfactual. The case settled immediately prior to trial.
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Damages Analysis in a Pharmaceutical Patent Dispute
A Sydney-based Brattle expert assisted with the preparation of expert reports that examined a claim to damages as a result of a generic drug being introduced. This involved setting out how the market worked, the key economic principles that applied, and undertaking an empirical assessment of the effect of the introduction of the generic on the quantity of the innovator drug sold.
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Lost Profits Analysis in a Trade Secrets Infringement Matter
A Sydney-based Brattle expert was retained by a US municipality in an intellectual property matter involving trade secret infringement. The plaintiff, a vendor of the municipality, alleged that the municipality had stolen its trade secrets. The expert analysed the opposing expert’s estimates of lost profits and avoided costs allegedly due to the theft of trade secrets.
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Profitability Analysis in a Trademark Infringement Matter
A Sydney-based Brattle expert served as an economic damages expert on an Australian trademark infringement matter involving the alleged misuse of an agribusiness trademark by a Queensland-based fruit grower. The expert prepared profitability estimates that were isolated to the products that used the allegedly infringing trademark.
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Reasonable Royalty Analysis in a Patent Infringement Matter
In a US patent infringement matter involving heavy machinery equipment, a Brattle expert submitted expert reports and trial testimony regarding reasonable royalty damages. The expert employed economic bargaining models to calculate the license rate that would have been established in a hypothetical negotiation. The awarded damages were within the range presented by the Brattle expert, and the judge further awarded enhanced damages and a permanent injunction. Learn more here.
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Economic Damages in a Semiconductor Patent Dispute
A Brattle expert served as an economic damages expert before the US District Court for the Western District of Texas in a patent infringement matter involving semiconductor chip manufacturing patents. The expert submitted an expert report and provided trial testimony on behalf of the defendant, a leading multinational technology company. The expert employed hedonic regression analysis to address the plaintiff’s economic model, eliminating the $4 billion in estimated damages sought. The jury found that the defendant did not infringe the patents. Learn more here.
