Darlene D. Babcock, CPA MBA

Utilizing her financial, business, and management experience gained at Touche Ross, Ms. Babcock began providing financial and economic damages advisory services to litigators in 1991. Since 1991, she has worked on over 125 business cases including intellectual property disputes, breach of contract claims, acquisition disputes, and other matters regarding damages measured by lost profits, reasonable royalties, unjust enrichment, incremental costs, and other methods. Since 2000, Ms. Babcock has increasingly focused her work on patent infringement cases including over 40 matters pertaining to mobile phones, the Internet, digital cameras, printers, computers, semiconductors, gaming devices, medical devices, and other products on behalf of Hewlett-Packard, Amazon.com, Qualcomm, Nintendo, Kodak, Kyocera and many other companies. In July 2018, Ms. Babcock joined Brinig Taylor Zimmer, Inc. as a Director. Litigation related services performed by Ms. Babcock include:

  • Preparation of over 50 reports in compliance with Rule 26 of the Federal Rules of Civil Procedure;
  • Formulation of the damages approach;
  • Identification and synthesis of evidence relevant to the Georgia-Pacific factors to develop an opinion of the relevant reasonable royalty rate for patent matters;
  • Review/analysis of relevant financial information;
  • Evaluation of the effect of the Entire Market Value Rule on the appropriate royalty base;
  • Evaluation of the factors for recovery of lost profits;
  • Consideration of a cap on reasonable royalties based on the costs of non-infringing design alternatives;
  • Interviews of client personnel and technical experts;
  • Research of industries and specific companies;
  • Review and evaluation of pertinent contracts;
  • Review/analysis of hundreds of patent licenses;
  • Analysis of marketing materials and marketing research;
  • Preparation of witness questions/document requests;
  • Review of deposition testimony for relevant evidence;
  • Calculation of the royalty base and easonable royalty damages for patent matters;
  • Quantification of past lost profits, projections of future lost profits, and quantification of unjust enrichment;
  • Valuations of businesses and stock options;
  • Determination of discount and capitalization rates;
  • Communication/coordination with counsel; and
  • Expert witness testimony at deposition, in state court, Federal Court, and arbitrations