Michael Einhorn

Deposition and trial testimony experience
Doctorate in Economics, 1981, Yale University
Master of Arts in Economics, 1976, Yale University
Bachelor of Arts in Economics, 1974, Dartmouth College

Dr. Michael Einhorn has over 30 years experience as an economic consultant with a specialization in damage assessment, valuation, licensing, and strategy in matters involving patents, copyrights, trademarks, and publicity rights. Dr. Einhorn is the author of Media, Technology, and Copyright: Integrating Law and Economics, a Senior Research Fellow at the Columbia Institute for Tele-Information, and has taught economics and law at Rutgers University. Dr. Einhorn has worked at Bell Laboratories, consulted to Argonne National Laboratories and Bell Communications Research (nka Telcordia), advised on matters related to CDMA and wireless technologies and assisted in litigation related to semiconductors and medical technologies. As an expert, Dr. Einhorn has provided professional services for corporations such as American Telephone and Telegraph, General Electric, Kodak, Archer Daniels Midland, Wal-Mart, Autozone, Blockbuster, Borders Books, Barnes and Noble, and Target Stores.

Sample of Expert testifying cases:

Robert Jacobsen v. Matthew Katzer [Victoria Hall, Esq.]
Nature of case: Software Copyright Damage Assessment
Engagement: Expert report with estimated damages in landmark copyright case involving infringing use of open source software created by Berkeley professor Robert Jacobsen.

Centrifugal Force, Inc. v. Softnet, et al [Steven Mancinelli, Esq.]
Nature of case: Software Reproduction & Distribution Damage Assessment
Engagement: Assisting industrial software developer for recovery of damages resulting from unauthorized reproduction and viral distribution by defendant. Developed an innovative valuation method for viral distribution. Case in progress

Open Source & Proprietary Software
Digital Downloads & Streaming
Viral Distributions
Case Areas
IP Valuation
Damage  Assessment
Complex Commercial Litigation
    Focus Areas:
  • Damage assessment and valuation
  • Economic losses in complex commercial ligation: loss of business, denied commercial rights, ¬†breach of contract, improper service termination, lost licensing opportunity
  • Infringement of intellectual property
  • Forecasting and statistics

  • Valuation of open source and proprietary software
  • Download and streaming media technology
  • Unauthorized reproduction and distribution of software
  • Copyright infringement, valuation and unauthorized use of electronic media