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Intellectual Property Damage Expert Witness

Scott D. Hampton - Hampton IP & Economic Consultants

Scott D. Hampton - Hampton IP & Economic Consultants

500 N. Market Place Dr.
Suite 200

Centerville, Utah 84014

Phone(801) 328-9888

Website https://www.hamptonip.com/

► Contact Scott D. Hampton - Hampton IP & Economic Consultants

Expert WitnessForensic ExpertLitigation SupportSpeaker
Scott Hampton is a Certified Public Accountant (CPA), Accredited in Business Valuation (ABV), and Certified in Financial Forensics (CFF) with over 33 years of accounting and forensic consulting experience. Since 1986, Mr. Hampton has been engaged as an expert witness in more than 300 intellectual property cases and has given trial and deposition testimony regarding economic damages on more than 100 occasions in states across the country. Mr. Hampton has developed a reputation as one of the leading experts in intellectual property valuation and expert testimony in cases involving related claims.

Mr. Hampton frequently provides expert testimony on economic damages arising from patent, copyright, trademark, and trade dress infringement; trade secret misappropriation; breach of contract; tortious interference; fraud; false advertising; unfair competition; cybersquatting; and unjust enrichment, among others.

During his career, Mr. Hampton has been retained by distinguished law firms including Baker McKenzie, Latham & Watkins, Perkins Coie, Blank Rome, Reed Smith, Nixon & Vanderhye, Knobbe Martens, Sidley Austin, K&L Gates, Shook Hardy, Arent Fox, Dorsey & Whitney, Snell & Wilmer, McGuire Woods, McDermott Will & Emery, and many other outstanding firms.

Services

Hampton IP & Economic Consultants, LLC offers the following legal services:

• Patent Infringement Damages
• Trademark Infringement Damages
• Copyright Infringement Damages
• Trade Dress Infringement Damages
• Misappropriation of Trade Secrets (State and Fed.) Damages
• Unjust Enrichment Damages
• Unfair Competition Damages
• False Advertising Damages
• Tortious Interference Damages
• Fraud Damages
• Construction Damages
• Cybersquatting Damages
• Conversion Damages
• Product Defamation
• Identifying documents for discovery
• Interrogatories
• Lost profits calculation
• Economic damages calculation
• Reasonable royalty rate and damages using existing licensing, a Georgia-Pacific hypothetical negotiation or analytical approach
• Rule 26 expert reports and expert witness testimony

Construction Claims:
• Fraud investigations
• Construction cost audits
• Job cost verification
• Litigation consulting
• Expert witness testimony
• Change order reviews
• Identify damage components
• Determine and support causation
• Assess supporting documentation

Types of Claims:
• Delay
• Disruption
• Acceleration
• Errors and/or omissions
• Termination or suspensions
• Scope disputes
• Extra work
• Betterment

Insurance Claims:
• Business interruption lost profit calculations
• Inventory reconstruction
• Fidelity claims
• Subrogation
• Fraud investigations
• Advertising injury
• Catastrophic claims
• Environmental claims
• Investigative accounting
• Economic loss calculation
• Litigation support
• Insurance expert witness testimony


Litigation Support Services

Mr. Hampton's experience and depth of resources extend to nearly all industries and aspects of the litigation process. Mr. Hampton has provided economic and accounting analysis for a broad range of cases.

Areas of Expertise

Additional Expertise:

Fraud, Construction, Cybersquatting, Unfair Competition, False Advertising, Trade Dress Infringement, Conversion, Reasonable Royalty, Lost Profits, and Lanham Act.

Profile

Scott Hampton is a Certified Public Accountant (CPA), Accredited in Business Valuation (ABV), and Certified in Financial Forensics (CFF) with over 33 years of accounting and forensic consulting experience. Since 1986, Mr. Hampton has been engaged as an expert witness in more than 300 intellectual property cases and has given trial and deposition testimony regarding economic damages on more than 100 occasions in states across the country. Mr. Hampton has developed a reputation as one of the leading experts in intellectual property valuation and expert testimony in cases involving related claims.

Mr. Hampton frequently provides expert testimony on economic damages arising from patent, copyright, trademark, and trade dress infringement; trade secret misappropriation; breach of contract; tortious interference; fraud; false advertising; unfair competition; cybersquatting; and unjust enrichment, among others.

During his career, Mr. Hampton has been retained by distinguished law firms including Baker McKenzie, Latham & Watkins, Perkins Coie, Blank Rome, Reed Smith, Nixon & Vanderhye, Knobbe Martens, Sidley Austin, K&L Gates, Shook Hardy, Arent Fox, Dorsey & Whitney, Snell & Wilmer, McGuire Woods, McDermott Will & Emery, and many other outstanding firms.

Consulting Practice

All States

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Professional Experience

Intellectual Property
Over more than 33 years, Hampton IP has been engaged on more than 300 intellectual property cases in states across the country. Hampton IP has performed economic analysis on behalf of Adobe, Nintendo, Sprint, Sharp, Tony Hawk, Mattel, Target, Nordstrom, Dex, Carroll Shelby, Quest, Bank of America, Philips Electronics, H&R Block, and Bell Helicopter, among countless others. Hampton IP has been retained by distinguished law firms including Baker & McKenzie, Latham & Watkins, Perkins Coie, Blank Rome, Reed Smith, Nixon & Vanderhye, Knobbe Martens, Sidley Austin, K&L Gates, Shook Hardy, Arent Fox, Dorsey & Whitney, Snell & Wilmer, McGuire Woods, McDermott Will & Emery, and many other outstanding firms.

Construction Claims
Hampton IP's construction experience includes delay and disruption claims, design claims, change order audits, the examination of project costs for guaranteed maximum price contracts.

Commercial Litigation
Some of the industries for which Hampton IP professionals have experience are manufacturing, mining, land development, commercial fisheries, gaming and entertainment.

Insurance Claims
Business income loss claims are a substantial portion of Hampton IP's professional practice. We have participated in covered losses caused by: fire damage, theft, civil closure, construction defect, business computer and data losses, windstorms, power outages, flooding and many other causes. Our professionals have extensive experience computing lost gross earnings, non-continuing and continuing expenses. We have a broad knowledge of insurance companies’ claim procedures and business income loss report formats. We provide claims accounting services to insurance companies, attorneys and independent adjustors.


Licenses

Scott Hampton is a CPA in the States of Utah, California, and Washington and a certified ABV and CFF.


Legal Experience & Services

Andrx Pharmaceuticals vs. GlaxoSmithKline
Isicoff Ragatz & Koenigsberg (Miami) retained Hampton IP, on behalf of the plaintiff, to provide an opinion of damages arising from the alleged infringement of U.S. patent 6,905,708 titled, Controlled Release Oral Dosage Form. Hampton IP provided lost profit and reasonable royalty damage analyses, submitted a Rule 26 expert report and gave deposition testimony. The case settled favorably for Andrx.

Hot JWP Music vs. Universal Music and Video Dist. Corp.
Ropers Majeski Kohn & Bentley, PC, (Los Angeles) retained Hampton IP, on behalf of the plaintiff, to provide an accounting of copyright, trademark, and other damages. The plaintiff alleged that the defendant’s release of a music album, which included music and video of early performances of Marilyn Manson, affected sales of Marilyn Manson’s music, book, and art. Hampton IP evaluated the impact of the album’s release on the plaintiff’s sales, calculated statutory damages, and submitted a Rule 26 expert report. The case settled.

U.S Trading Co. vs. Kroger Company, et al.
Lannon & Associates (Los Angeles) retained Hampton IP, on behalf of the defendants, to calculate damages arising from the alleged infringement of the “hyper” trademark. Hampton IP calculated a reasonable royalty for the use of the trademark, provided economic damage analyses, and submitted a Rule 26 expert report. The case settled favorably for the defendants at mediation.


Affiliations

American Institute of Certified Public Accountants
Utah Association of Certified Public Accountants
Past Chair of the Litigation Services Committee, UACPA
Past Member of the Business Valuation Committee, UACPA
Past President of the Salt Lake City chapter of the Licensing Executives Society
Member of the Law & Economics Society
Past Member of the Washington Society of Certified Public Accountants
Past Chair of the Fraud Subcommittee, WSCPA
Past Member of the Association of Certified Fraud Examiners
Past Member of the Washington State Patent Law Association


Professional References

Brian Bodine, Esq.
Lane Powell P.C.
1420 Fifth Avenue, Suite 4100
Seattle, WA 98101
PH: (206) 223-7406
bodineb@lanepowell.com

Joe Presta, Esq.
Nixon & Vanderhye, P.C.
901 North Glebe Road, 11th Floor
Arlington, VA 22203
PH: (703) 816-4000

James T. Hosmer, Esq.
Nixon & Vanderhye, P.C.
901 North Glebe Road, 11th Floor
Arlington, VA 22203
PH: (703) 816-4000
jth@nixonvan.com

William McNichol, Esq.
Reed Smith, LLP
2500 One Liberty Place, 1650 Market Street
Philadelphia, PA 19103
PH: (215) 851-8100
wmcnichol@reedsmith.com

Stephen S. Smith
Greenberg Glusker, LLP
1900 Avenue of the Stars, Suite 2100
Los Angeles, CA 90067
(310) 553-3610
ssmith@ggfirm.com

Brockett, Jennifer L.
Davis Wright Tremaine LLP
865 S. Figueroa Street, Suite 2400
Los Angeles, CA 90017-2566
(213) 633-6800


Education

Mr. Hampton graduated from the University of Utah, David Eccles School of Business, in 1986 with a Bachelor of Science degree in accounting.


Articles Published by Scott D. Hampton - Hampton IP & Economic Consultants

 Future Damages Under the Defend Trade Secrets Act

A Summary Judgment ruling in Steves and Sons, Inc. v. JELD-WEN, Inc. heard in U.S. District Court for the Eastern District of Virginia in 2018, provides guidance to trade secret owners seeking damages under the Defend Trade Secrets Act (“DTSA”). The Court ruled that trade-secret damages may include anticipated future use of the trade secret under the DTSA if the anticipated future use is non-speculative and based on solid evidence.

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 Viral Videos Challenging the Enforcement of Copyrights

In an effort to move United States copyright law into the digital age, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998. The DMCA is the beginning of an ongoing effort to modernize the nation’s copyright law. In an ever-changing digital world, copyright law must continue to evolve with technology.

Read Article



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