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> Antitrust > General Business Litigation
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AEP has substantial experience performing complicated valuation studies, often concerning various types of intellectual property. Typically, such analyses require valuing the firm or intellectual property as it is and comparing it to the value the firm or intellectual property would have attained absent the injury, or prior to and after some event. These analyses often arise in the context of intellectual property cases or damages issues for antitrust cases. Most of AEP's cases have been those where the measurement issues are difficult, either because there may be no obvious way to value the property or because the valuation must be parsed. For example, in the Apple v. Microsoft case, AEP valued Apple's losses as a result of competition from Microsoft's graphical user interface. This analysis was complicated because Apple had legally given Microsoft some of the intellectual property used in the Windows interface. AEP's task was to measure and value only that piece Microsoft allegedly had misappropriated. In another case, AEP had to determine the value of the infringing technology even though the product as sold contained other valuable technology that was not infringing. To do this, AEP conducted a survey of retailers that measured the increased profit from a product that contained the infringing technology as compared to a product absent the infringing technology. AEP has also undertaken valuation studies of securities, stocks, contract rights, and businesses and business interests.
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Executive v. Oracle Corp. |
An executive believed he was entitled to a later termination date under Swiss law. AEP analyzed the value of the termination dates taking into account the vesting of different options. |
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