Lindsey Fisher is a Managing Director in Stout’s Intellectual Property group. With over 17 years of experience in the field, Lindsey has consulted on over 80 intellectual property matters. We spoke to Lindsey about her career in IP, how the IP space has evolved during her career, and what young professionals can do to help their advancement.

What types of clients do you work with?

I work primarily with outside litigation counsel. I have worked with many Am Law 100 law firms and smaller boutique litigation firms. I also work with in-house counsel for corporations of all sizes. I have been retained by both plaintiffs’ and defendants’ counsel.

What makes you particularly qualified as an expert in IP dispute cases?

I have consulted on over 80 intellectual property matters in my 17 years as a damages consultant. I leverage my experience in IP to determine a reasonable royalty; calculate lost profits; analyze incremental costs; determine the applicability and comparability of licenses; determine FRAND (fair, reasonable, and non-discriminatory) royalty rates; calculate lost sales, avoided costs, and profit disgorgement.

What I find remarkable about my work in IP damages is that no two cases are ever the same. While I draw heavily on my knowledge from prior case work, what I ultimately enjoy the most about my work is figuring out new ways to solve complex damages matters and developing analysis to support my opinions.

In which areas of IP disputes do you have expertise?

I have consulted in many areas of IP litigation, including patent, trademark, trade dress, copyright, and trade secret matters. I have also worked in other niche areas, such as the loss of privacy and publicity rights and breach of contract litigation related to software licensing.

To date, I have proffered expert opinions for cases tried in both state and federal courts throughout the United States. I have issued expert reports related to patent damages, trademark damages, trade dress damages, trade secret misappropriation damages, and breach of contract damages. I have given depositions regarding my expert opinions and have testified at trial.

How have you seen the IP space evolve since the beginning of your career?

Stout's IP group is seeing a lot more non-patent IP litigation matters that require unique damages assessments and expert knowledge. At the beginning of my career, it was less common for me to see high-stakes trademark or trade secret damages cases. Whereas currently, I see much more non-patent IP cases requiring our services.

What has been the most rewarding part of your career?

While I work with a lot of very experienced litigation attorneys, one of the most rewarding parts of my job is being able to help associates and attorneys who are relatively new to IP damages put forth a solid and well-supported damages case. Whether I am consulting on a pre-case assessment, helping with discovery, building a financial database, or building a sound damages model, each matter is unique and rewarding when it all comes together in the end to help my clients.

Early in my career, I remember rummaging through offices filled with documents in bankers boxes and the feeling of finding a key damages document for a case among the piles, the needle in the haystack that was overlooked. It was one of the best parts of my job. Even today, while document productions are more organized and everything is electronic, the thrill of the hunt is still exciting to me. I can look at documents with a different perspective than someone else who may be focused on technical details or infringement issues, and I can leverage my finance and accounting background and prior case experience to find a key component of a document to help form and support a damages opinion. It’s a great feeling to be able to help in that way.

What factors have contributed to your success as an IP expert?

I have spent most of my career working with and learning from some of the very best damages experts in the country. That breadth of experience and knowledge has helped me turn my focus from doing the important work of supporting other experts to becoming a recognized expert in my own right.

What guidance would you give to people early in their career that are pursuing a similar career path?

Get involved in the IP community early on in your career. There are so many great organizations out there that can help expand young professionals’ network and feel connected to this community.

When I was based in Chicago, I was a co-chair for the Chicago Bar Association’s Alliance for Women. I am currently a member of the Chicago Women in IP organization and a member of the Indianapolis CHIPs organization, which focuses specifically on women in the IP field. I am also a member of the Licensing Executive Society and have held committee positions with the organization. I will begin teaching IP Damages and Valuation classes with the Licensing Executive Society this year for anyone who may be interested in learning more about IP valuation and damages. These professional memberships and opportunities have allowed me to build great connections within the IP community and further my career.

What interests do you have outside of work?

I must ask: before or after having kids? I have a ton of interests outside of work, just very little time to pursue any of them! I think all working parents can relate. I spend most of my time outside of work shuffling my two daughters around town, taking my dog on walks, traveling with my family, and squeezing in a game of pickleball whenever I get the chance.

What is your favorite place you’ve traveled to?

Australia. I studied abroad in Sydney, and it’s still one my favorite places in the world. I worked as an intern at the Commonwealth Bank of Australia while I lived there.

You’ve mentioned working at an international bank. Did you work at any other companies before Stout?

Before joining Stout, I was a manager for several years at a boutique IP damages consulting firm in Chicago.

Prior to my work as a litigation consultant, I was an analyst and underwriter for the financial institutions group at JP Morgan Chase. My prior banking background has helped in certain financial services matters that I have worked on while at Stout.