This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
Flash storage technology is used in memory cards, USB flash drives, solid-state drives, and similar products for general storage and transfer of data. A number of electronics retailers alleged that a flash storage supplier fraudulently acquired and enforced multiple patents in order to foreclose competition and charge higher prices to direct purchasers of its products. The flash memory supplier allegedly used the market position established by its fraudulently obtained patents to cause competitors to pay license fees and to charge supra-competitive prices to purchasers of flash storage products.
Intensity was called upon to analyze whether there was class-wide price impact relating to the alleged fraudulent conduct. Intensity performed economic and econometric analyses to evaluate the financial impact of the anti-competitive behavior in the marketplace, and to determine an appropriate measure of economic damages for all class members.
Our work involved examination of the affected product sales, identification of the relevant antitrust markets, assessment of market power, evaluation of supra-competitive prices and restricted output, and analysis of the flash storage manufacturer’s licensing program. Intensity analyzed the alleged anti-competitive conduct and its economic impact in relation to other factors influencing industry performance and product sales. Intensity evaluated sales performance in relation to product pricing, functionality, sales strategy, product distribution, industry standards, and licensing, among other factors.
FirstEnergy at the Sixth Circuit Reshapes Securities Class Actions
In its landmark ruling in Owens, et al. v. FirstEnergy Corp., et al. (“FirstEnergy”), the U.S. Court of Appeals for the Sixth Circuit vacated the district court’s class‑certification order, clarifying a new standard for certifying a class in securities class actions.
Since the election in November 2024, there have been many changes to DOJ’s enforcement policies. Earlier this year, now-Acting Assistant Attorney General of the Criminal Division, Matthew R. Galeotti, announced at the Securities Industry and Financial Markets Association (SIFMA), that going forward prosecutors and investigators would primarily focus on “the most egregious white-collar crime” to better “incentivize [companies] to come forward, come clean, reform, and cooperate with the government.”
Trust and Trade Podcast: Are IP Remedies in Big Tech Cases Going Too Far?
Dr. Keith Waehrer joins hosts Anant Raut and Jennifer Dixton, along with Joe Jerome (DuckDuckGo) on the American Bar Association’s Trust and Trade podcast in the episode “Are IP Remedies in Big Tech Cases Going Too Far?”