David Harkavy has over 20 years of experience assisting clients with forensic
accounting and economic damages issues. His expertise includes economic
damages in a variety of litigation settings and valuations of intellectual property
assets and businesses.
David has testified in depositions and in state and federal courts on economic
damages in commercial litigation matters, including patent, trademark, breach
of contract, fraud and antitrust. These engagements involved reasonable royalty
determinations, lost profits calculations, price erosion, convoyed sales, unjust
enrichment and financial performance analysis. Furthermore, David’s litigation
consulting includes the determination of market royalty rates, relevant costs,
opportunity assessment, lost sales and market share, among others.
He has presented various intellectual property valuation and litigation topics to
organizations, such as the American Intellectual Property Law Association in
Austin, Texas, Chicago Bar Association, Intellectual Property Law Association of
Chicago, and Loyola Law School.
- At the request of counsel for a health supplement and beverage company, prepared an expert report on economic damages attributable to claims of trademark and trade dress infringement, trade secret misappropriation and breach of contract. In 2021, testified in deposition regarding lost profits, price erosion, disgorgement of profits and reasonable royalties related to various elements of harm, including loss of brand value and customer relationships.
- At the request of counsel for the plaintiff, prepared an expert designation with lost profits and unjust enrichment totaling more than $17 million due to alleged claims for breach of fiduciary duty and breach of contracts between an employer and former employees and their new business. Testified in deposition and at a jury trial in Virginia state court.
- At the request of counsel for the plaintiff, submitted three expert reports and provided deposition and trial testimony on lost profits and other damages issues in a matter with a claim of breach of implied warranty litigated in federal court. The plaintiff claimed it lost millions of dollars as a result of lost customers, additional rebates and credit memos as a result of the defendant’s substandard food ingredient supplied to the plaintiff for its food product.
- Managed all aspects of a damages team retained by counsel for the claimant in a trademark dispute pending in an international arbitration proceeding. This dispute required economic damages to be in the form of a reasonable royalty from a hypothetical negotiation for the rights to a global trademark/brand owned by an international oil and gas company.
- In a patent infringement matter relating to pen reader technology, evaluated opposing damages expert’s reasonable royalty opinions and assisted counsel with discovery requests. Efficiently worked with the client’s technical team and liability expert to adequately understand the asserted claims. Issued an expert rebuttal report and testified in deposition on reasonable royalty damages.
- Issued a declaration and testified in deposition on irreparable harm issues for defendants facing a preliminary injunction in a patent infringement matter. Provided an expert opinion that the plaintiff failed to adequately support the causal nexus between the alleged patent infringement and the plaintiff’s alleged price erosion and lost profits.