Intellectual Property Remedies
Quantifying remedies in intellectual property requires a comprehensive understanding of the principles and case law in this area and the application to the unique facts of each case.
At VLSS we have deep experience working for both plaintiffs and defendants in quantifying and providing expert evidence on all aspects of remedies, including lost profit damages, the accounting of profits, reasonable royalties, and injunctions in connection with all aspects of intellectual property and confidential information.
Our intellectual property remedies services include:
Assistance with productions and discovery
Assistance with irreparable harm and balance of convenience aspects of injunction applications
Assessment of the business and economic aspects of the 'but-for' world
Preparation of lost profit damages opinions
Preparation of accounting of profits opinions
Preparation of reasonable royalty opinions
Reviewing and responding to opposing expert reports
Providing credible expert testimony at trial
Selected representative experience includes:
Alexa Translations v. Amazon, 2025 FC 1674 – Provided expert opinion as to the type of arrangement the parties most likely would have concluded to avoid infringement.
GEMAK Trust v. Jempak Corporation, T-1288-18 (awaiting ruling) – Testified on behalf of the plaintiff as to profits and reasonable royalty damages for alleged patent infringement.
Adeia Guides v. Videotron, 2025 FC 1725 – Testified on behalf of the plaintiff as to Videotron's likely decision making in the 'but-for' world, including the implications of non-infringing alternatives and other relevant factors on Videotron's likelihood of entering a license.
Wenger SA v. Travelway Group International, 2024 FC 1195 – Testified on behalf of the defendant as to the profits from a trademark infringement.
Medexus Pharmaceuticals v. Accord Healthcare, 2024 FC 424 – Testified on behalf of the plaintiff as to lost profit damages from alleged patent infringement.
Energizer Brands v. The Gillette Company, 2023 FC 804 – Testified on behalf of the defendant as to profits and lost profit damages from alleged trademark infringement.
Energy Intelligence Group v. RBC Dominion Securities, T-1425-20 – Provided expert opinion on behalf of the defendant as to lost profit damages from alleged copyright infringement.