Neil Eisgruber is a consultant and testifying expert with nearly 20 years of experience in intellectual property and complex commercial litigation. He frequently provides advice to corporate executives and trial lawyers throughout the dispute process, including matters involving patent infringement, misappropriation of trade secrets, trademark infringement, copyright infringement, and breach of contract. Mr. Eisgruber has provided expert testimony in federal and state courts as well as in arbitration.

Mr. Eisgruber has worked with clients ranging from small businesses to multinational corporations. His engagements routinely involve damages modeling, valuation analysis, forensic accounting, industry and technical research, and the analysis of large and complex data sets. Mr. Eisgruber has been involved in all aspects of intellectual property valuations and damages assignments, including document discovery requests, financial and economic modeling, valuation analysis, preparation of expert reports, and the creation of trial demonstratives.

Mr. Eisgruber’s consulting experience spans many industries including construction, consumer goods, electronics, pharmaceuticals, photography, and software. He has worked with clients ranging from small businesses to multinational companies. Examples of Mr. Eisgruber’s work include:

• Expert testimony in a case involving misappropriation of trade secrets from a restoration contractor by a former employee and competitor. Defendants in the case were accused of misappropriating provider lists, financial information, and proprietary documentation relating to business processes. Mr. Eisgruber analyzed the economic benefits achieved by the defendants through the alleged misappropriation and issued expert reports on damages.
• Expert testimony in a case involving misappropriation of trade secrets from a government contractor by a former employee. Mr. Eisgruber calculated damages and provided expert testimony regarding damages resulting from the theft of trade secrets that were used by the plaintiff to bid for, and secure, government contracts and contract renewals. In a trial focusing solely on damages, the court awarded damages in the amount testified to by Mr. Eisgruber. 
• Expert testimony in a case including claims of unfair competition, tortious interference with contract and prospective business relations, and breach of contract, among others. Mr. Eisgruber calculated damages in the form of lost profits that stemmed from the alleged acts of the Defendants in the case. At the end of a four-week jury trial, the jury awarded $6.1 million in lost profits based on the testimony of Mr. Eisgruber.
• Analysis of damages in a patent infringement matter involving consumer electronics. The patent owner claimed damages based on the interpretation of settlement licenses that included patent portfolios. In rebuttal, Mr. Eisgruber provided analysis of the economic value of the features accused of infringing the asserted patents as compared to the economic value of the entire product. Mr. Eisgruber further analyzed the lack of apportionment done by the patent owners and provided an apportionment analysis based on the economic value of the accused features. Ultimately, the case resulted in a settlement between the parties.

Additionally, Mr. Eisgruber has worked jointly with the U.S. Department of Justice on investigations involving violations of the Foreign Corrupt Practices Act as well as Medicare fraud. He has also worked with insurance companies and public adjusters to calculate lost earnings due to business interruption. Prior to his consulting work, Mr. Eisgruber was a software engineer who participated in the design, creation, testing, and support of software products used in the distribution of digital media.