Up to two thirds of the value of a modern corporation can be attributed to its core “ideas.” Critical to every organization’s success and survival is the safeguarding of these ideas, inventions, and creative expressions - its intellectual property (“IP”). Copyrights, trademarks, patents, and industrial design rights may be more difficult to protect than other asset classes, but the theft or compromise of these economic rights can significantly undermine a firm’s long-term revenue or reputation and even hasten its demise. The proliferation of the internet, file sharing, new and developing digital technologies, and the increasing demand for branded goods have all contributed to increased risks for brand integrity. It is no exaggeration to say that IP theft costs businesses and governments billions of dollars per year in revenue and tax base, and the threat will only continue to grow.
Exiger's experienced professionals help clients respond effectively to any suspected infringement on their intellectual property.
Whatever the sector, Exiger’s deep experience in complex investigations, business and investigative intelligence, digital forensics, and litigation support across the globe enables clients to respond effectively to any suspected infringement of their intellectual property, whether internal or external.
Exiger’s multi-disciplinary team of attorneys and former prosecutors, forensic accountants, field investigators, intelligence agents, data analysts, and cyber and e-discovery specialists have successfully executed a wide range of investigations including:
- Copyright and patent infringement
- Trademark investigations
- Counterfeiting and piracy investigations
- Customer and market data theft Investigations
- Intellectual property theft and "leak" investigations
In the service of complex intellectual property investigations, Exiger brings to bear deep expertise in a number of key investigative methods, including:
- Collaborating with key stakeholders to efficiently and effectively unearth critical leads;
- Surveying known geographical areas for trademark infringement and counterfeit goods;
- Utilizing digital forensic capabilities and deep and dark web search capabilities in order to identify the source of a compromise;
- Preserving data and devices of potential suspects;
- Mounting covert investigations to obtain product samples and photographic evidence of suspect products or service mark infringements;
- Obtaining in-country witness testimony and securing physical material of evidentiary quality;
- Cataloguing and documenting seized products to ensure proper "chain of custody";
- Surveilling relevant individuals and locations; and
- Coordinating and executing civil seizures in conjunction with local and federal law enforcement.
With a reputation for integrity, discretion, and competence, Exiger makes sure that each assignment is conducted efficiently and to the highest ethical standards.
Intellectual Property Case Studies
Millions Obtained from Counterfeiters
An Exiger Managing Director successfully conducted a series of undercover investigations that revealed the source of counterfeit and grey market medical devices. The engagement ultimately resulted in the filing of a lawsuit that led to the recovery of millions of dollars from the offending parties.
Counterfeit Medical Devices Traced to Source
An Exiger Managing Director designed and executed a cross-border investigation that successfully identified the ultimate source and distribution chain of a counterfeit medical device.
Tampering Scheme Revealed
An Exiger Managing Director designed and executed a complex, cross-border investigation that revealed a scheme to tamper with and re-sell a unique consumer electronics product. The investigation resulted in the execution of a civil seizure order and a subsequent lawsuit against the individuals behind the scheme.