About Us

James T. Berger
Market Strategies

www.jamesberger.net

My Blog

James T. Berger, managing director of IPLSN is Principal of James T. Berger/Market Strategies. He offers IP litigation lawyers and their clients a unique capability in dealing with marketing-oriented legal actions. He combines the real-world, practical orientation of a professional business person with the theoretical knowledge of the academician. Specific litigation support areas where he can be of assistance include:

• Intellectual property: brand name, trade-dress and trademark infringement.
• Determining awareness levels and values of brands.
• Assessing losses in cases where brand equity has been diminished or diluted.
• Consulting on the valuation of intellectual property for brand acquisition, divestiture and licensing purposes.
• Conducting likelihood of confusion and secondary meaning surveys including research design, analysis and interpreting market research data.
• Serving as either a consultant or testifying witness, and developing critiques of opposing surveys as well as cross-examination strategies for opposing expert witnesses.

He is a graduate of the University of Michigan and hold Master’s Degrees (in journalism) from Northwestern University and (business administration) from the University of Chicago. Berger teaches extensively at the graduate and undergraduate levels at various Chicago universities. Obtain more information by visiting www.jamesberger.net.

Andrew Mellman
Scientific Verdicts

www.ScientificVerdicts.com

Andrew Mellman, principal of Scientific Verdicts, helps IP litigators and their clients avoid litigation via strategic planning and branding research at the beginning of the new product development process, continuing through national introductions.

Mr. Mellman has introduced over 20 successful national new trademarks and brand extensions for Fortune-listed companies and major non-profit organizations in product categories including:

• Consumer Packaged and Durable Goods:
• Food service/restaurant
• Medical/health care
• Service industries
• Industrial products

Mr. Mellman utilizes a combination of techniques to develop the optimal strategic plan for a brand, does such research that will maximize profitability while minimizing the likelihood of trademark infringement, and assists with the implementation of all recommendations.  He developed ConjointScreen, a statistically accurate inexpensive small-group methodology for use in IP litigation before major work and spending is begun.

If hired at a stage when litigation is imminent (or after suits have been filed) Mr. Mellman specializes in quantitative large-scale research to protect a mark or differentiate between marks, depending on client needs.

Mr. Mellman has taught at the University of Chicago School of Business, DePaul University School of Commerce, and is published in various legal and research journals in the US and Canada on the uses of research in Trademark and Branding issues.  Mr. Mellman’s educational background includes:

• JD, Loyola University School of Law, Chicago, Illinois, 1980.  Corporate Tax, Mergers & Acquisition, and Litigation.  Member, Illinois Bar.
• MBA, University of Chicago, Chicago, Illinois, 1974.  Marketing, Statistics.
• AB cum laude, Harvard College, Cambridge, Massachusetts, 1969.  Statistics.

Maxine Marder
MWM Research and Consulting  

www.mwmresearch.com

Maxine Marder, principal of MWM Research and Consulting, helps IP litigators and their clients understand the origins of individual mock juror responses to the myriad of courtroom communications.  MWM applies the real-world, practical orientation of business in its proprietary research methodology, JurorView, specifically designed for litigation support.   

Unlike traditional mock jury research, JurorView adds the dimensions of:

• Surprisingly cost-effective pricing.
• Essentially “stopping the clock” to reveal how information is processed by individuals, prior to any peer influence during mock jury deliberation.
• Examining positive and negative triggers that resonate with individual life experiences.
• Identifying opportunities to build emotional involvement and identification with case issues. 
• Increasing efficiency of legal research hours.

Specific JurorView objectives may include identification and/or understanding of:

• Case arguments that most effectively resonate with relevant jury participant life experiences, influences, and beliefs.
• Case anchors that generate identification and emotional involvement.
• Positive and negative responses to proposed lead and support witnesses.
• Likely impact of litigator presentation, questioning styles, and case evidence.
• Potential gaps in case arguments, with potential to jeopardize jury response.
• Adversarial vulnerabilities.

Ms. Marder holds an MSJ Degree from Northwestern University’s Medill School of Journalism, and has 30 years of experience in research and consulting.  She has taught at Columbia College, and guest lectured for the Rush System MHA program, the Qualitative Research Consultants Association (QRCA), and the Advertising Research Foundation (ARF).

She can be reached at (847) 259-6096.

To Top