Intellectual Property and Litigation

Protecting Innovations. Resolving Disputes.

At EPS, we specialize in providing comprehensive expert engineering services to support the intellectual property (IP) and litigation needs of our clients. With our deep technical expertise and legal acumen, we help businesses protect their innovations, navigate complex legal challenges, and achieve favorable outcomes in IP disputes and litigation matters.

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Intellectual Property Consulting

Protect your intellectual property value with our expert guidance and strategic support.

    • Trade Secret Audits: Identifying and documenting trade secrets within your organization.

    • Protection Strategies: Implementing policies and practices to safeguard confidential information.

    • Misappropriation Risk Mitigation: Assessing vulnerabilities and advising on preventive measures.

    • Patentability Assessments: Evaluating inventions for patent eligibility and potential prior art conflicts.

    • Freedom to Operate (FTO) Studies: Assessing the risk of infringing existing patents.

    • Patent Portfolio Management: Strategizing to build and maintain a strong IP portfolio.

    • Licensing Agreements: Structuring and negotiating agreements to maximize value.

    • Royalty Valuation: Determining fair royalty rates based on market analysis.

    • Technology Commercialization: Assisting in bringing new technologies to market.

    • Valuation of IP Assets: Accurate appraisal of patents, trademarks, copyrights, and trade secrets.

    • Market Potential Analysis: Evaluating the commercial viability of IP assets.

    • Risk-Adjusted Income Forecasting: Financial projections considering market and operational risks.

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Litigation Support and Expert Witness Services

Strengthen your legal team with EPS' technical expertise and strategic insights.

    • Infringement Analysis: Assessing alleged patent, trademark, or copyright infringements.

    • Validity and Invalidity Studies: Evaluating the strength of IP assets in legal disputes.

    • Prior Art Research: Identifying existing technologies and publications relevant to the case.

    • Clear and Credible Testimony: Presenting complex technical information in understandable terms.

    • Deposition and Trial Preparation: Collaborating with legal teams to prepare for proceedings.

    • Cross-Examination Support: Defending analyses under rigorous scrutiny.

    • Lost Profits Calculation: Quantifying financial losses due to infringement or misappropriation.

    • Reasonable Royalty Determination: Establishing appropriate compensation for unauthorized use.

    • Market Analysis: Assessing the competitive landscape and market impacts.

    • Technical Document Analysis: Reviewing and interpreting technical materials relevant to the case.

    • eDiscovery Support: Assisting in the identification and analysis of electronic evidence.

    • Rebuttal Reports: Critiquing opposing experts' analyses and providing counterarguments.

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Regulatory Compliance and Standards

Compliance analysis to industry standards and regulatory requirements.

    • Regulatory Guidance: Navigating laws such as the Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act (UTSA).

    • Standards Interpretation: Understanding and applying standards from organizations like IEEE, ASTM, and ISO.

    • Policy Development: Crafting internal policies to maintain compliance and protect IP assets.

    • Emerging Technologies: Evaluating new technologies for potential IP protection.

    • Competitive Intelligence: Monitoring industry trends and competitor activities.

    • Innovation Strategy: Aligning R&D efforts with business goals and IP opportunities.

Why Choose EPS for Intellectual Property and Litigation?

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Technical Excellence and Legal Acumen

EPS delivers synergistic technical and financial expertise with a strong understanding of effective legal strategies.

  • Multidisciplinary Expertise: Engineers, appraisers, and certified investigators with extensive industry experience.

  • Certified Professionals: Licensed Professional Engineers, Accredited Senior Appraisers, and Certified Fire and Explosion Investigators.

  • Legal Experience: Proven track record in supporting high-stakes litigation and complex IP matters.

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Customized Solutions for Complex Challenges

We tailor our services to meet your specific needs, ensuring that our strategies effectively address your challenges and objectives.

  • Client-Centered Approach: Collaborating closely to understand your goals and develop tailored solutions.

  • Strategic Insights: Providing actionable recommendations to protect and enhance your IP assets.

  • Global Perspective: Navigating international IP landscapes and regulations.

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Proven Track Record of Success

EPS has a history of delivering successful outcomes for clients across various industries.

  • High-Profile Cases: Expertise in managing complex IP disputes and valuations.

  • Satisfied Clients: Numerous testimonials attesting to our effectiveness and professionalism.

  • Industry Recognition: Trusted by leading corporations and law firms worldwide.

  • trade secret misappropriation

    Case Study #1: Trade Secret Misappropriation Defense

    Challenge: A technology company faced allegations of trade secret misappropriation by a competitor, risking significant financial damages and reputational harm.

    Solution: EPS conducted a comprehensive technical analysis to determine the validity of the alleged trade secrets. We evaluated the information in question against publicly available knowledge and the company's own development history.

    Result: Our expert findings demonstrated that the information was either publicly available or independently developed, leading to the dismissal of the case and saving the company from substantial losses.

  • medical device manufacturer patent infringement

    Case Study #2: Patent Infringement Litigation Support for a Medical Device Manufacturer

    Challenge: A medical device manufacturer was accused of infringing multiple patents held by a competitor, threatening the continuation of a key product line.

    Solution: EPS provided expert witness services, including detailed infringement analysis and validity assessments. We identified prior art that had not been considered, challenging the validity of the competitor's patents.

    Result: The case was settled favorably, allowing the manufacturer to continue its product line without interruption and reducing potential financial liabilities.

  • biotechnology startup

    Case Study #3: Intellectual Property Valuation for a Biotech Startup

    Challenge: A biotechnology startup needed to value its patent portfolio accurately to attract investors and negotiate funding terms.

    Solution: EPS conducted a thorough valuation of the company's IP assets, considering the stage of development, market potential, and competitive landscape. We provided a risk-adjusted income forecast to project future earnings.

    Result: The valuation report enabled the startup to secure significant investment at favorable terms, supporting continued research and development efforts.

“John is the smartest guy in the room and he pairs that intellect with an approachable demeanor and a keen feel for the intricacies of complex litigation that is extremely rare in a consultant/expert at his level. With his multi-disciplinary expertise, he is constantly looking for new angles and seems to deliver every time.”

— Leading Litigator, National Law Firm

“John and his team are amazing. They took one of the most scientifically complicated cases I’ve ever been involved in and truly figured out what happened. That was hard enough to do, but perhaps where they really shined was in explaining that science — first to me so that I could effectively question witnesses, and then in deposition — in a way and at a level that those of us who are not engineers could understand and follow.”

— Rip Andrews, Partner at Marsh, Rickard & Bryan

“We worked with Dr. John Williams and the team at EPS over the course of a long-running and high-value dispute in the Supreme Court of Victoria in Australia. John’s vast depth of knowledge, keen intellect, and ability to convey complex ideas simply and succinctly was an invaluable asset in the litigation. John was able to educate the legal team and, through his expert reports to the Court and the Judge about the intricacies of the dispute. What’s more, he and his team were a pleasure to work with and produced consistently high-quality reports in a time and cost-effective manner. We felt incredibly well supported by the team at EPS and would not hesitate to work with them again”

— Andrew Stephenson, Partner and National Head of Projects & Jey Nandacumaran, Senior Associate, Corrs Chambers Westgarth

“In the world of startups, everything needs to be fast-tracked, because generally, it’s the first product for your company. If it doesn’t work your company is dead, so you look for reliability, speed and cost. And EPS has delivered all three more than once.”

— Pat Simms, Global VP, Renewable Chemicals and Biofuels Developer

Industries
We Serve

  • Energy and Renewables

  • Chemicals, Coatings, and Materials Science

  • Technology and Software

  • Pharmaceuticals and Biotechnology

  • Electronics and Semiconductors

  • Automotive and Aerospace

  • Manufacturing and Industrial Equipment

  • Consumer Products

Our Services Include

    • Patentability Assessments

    • Freedom to Operate Studies

    • IP Portfolio Management

    • Trade Secret Protection Strategies

    • Technical Analysis and Expert Reports

    • Expert Witness Testimony

    • Discovery Assistance and Document Review

    • Damage Assessment and Economic Analysis

    • Valuation of Patents and Trade Secrets

    • Royalty Rate Determination

    • Market Potential and Competitive Analysis

    • Risk-Adjusted Financial Forecasting

    • Compliance with DTSA and UTSA

    • Standards Interpretation (IEEE, ASTM, ISO)

    • Policy Development and Training

    • Emerging Technology Evaluation

    • Competitive Intelligence Gathering

    • Innovation Strategy Development

About Dr. John A. Williams

A Leader in Intellectual Property and Litigation Support

Dr. John A. Williams, PE, ASA, MBA, CFEI, AIChE Fellow, is the founder and General Manager of EPS. With over 40 years of operations, engineering, and construction experience, Dr. Williams is a recognized expert in the engineering analysis and financial appraisal of energy, power, and manufacturing technologies.

With over 40 years of experience, Dr. Williams offers unparalleled expertise in technical analysis, IP valuation, and litigation support. His ability to distill complex technical details into clear, actionable insights makes him a valuable asset in any legal context.

    • Accredited Senior Appraiser (ASA) by the American Society of Appraisers in Machinery & Technical Specialties: Energy, Environmental, and Manufacturing Technologies.

    • Certified Fire and Explosion Investigator (CFEI) by the National Association of Fire Investigators.

    • Fellow of the American Institute of Chemical Engineers (AIChE Fellow).

    • PhD in Chemical and Fuels Engineering from the University of Utah

    • MBA in Finance from the University of Chicago

    • BS in Chemistry from the University of Delaware

    • Licensed Professional Engineer in over 20 states