This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
A biomedical engineering firm and a medical device company asserted claims of patent infringement against one another. The patented technology at issue related to minimally disruptive spinal surgery devices and procedures.
Intensity calculated lost profits and reasonable royalty damages stemming from alleged patent infringement. As part of its work, Intensity performed an analysis of economic factors informing on whether lost profits were an appropriate remedy for the respective patent holders, including demand for the patented product, absence of acceptable non-infringing alternatives, and capacity to exploit demand.
As part its analysis of lost profits, Intensity defined the relevant market for the products at issue and determined sales that the patent holder would have made but for the alleged infringement. Intensity calculated usage of the asserted technology and a sales price that would have occurred but for the alleged infringement. Intensity calculated lost profits on lost sales and determined a reasonable royalty for the remaining units.
As part of its analysis of a reasonable royalty, Intensity conducted an evaluation of each of the 15 Georgia-Pacific factors relating to a hypothetical negotiation for a license to the patented technologies. Intensity evaluated a number of license agreements, licensing policies, commercial relationships, bargaining positions, profitability, contribution of the patented technology, convoyed sales, and other factors informing on the outcome of a hypothetical negotiation between the parties. Intensity calculated an economically appropriate royalty base and royalty rate to determine an appropriate reasonable royalty.
Secretariat Expert Valuation Helps Secure Historic $5.89 Billion Citgo Sale Order
In a complex federal court case in Delaware with far-reaching geopolitical significance, Managing Director Gary Kleinrichert’s expert financial valuation helped secure approval of a landmark $5.89 billion Citgo sale opinion that could help resolve billions of dollars in unpaid judgments against Venezuela and certain of its instrumentalities.
Secretariat Named Arbitration Expert Firm of the Year at 2025 Lexology Index Awards
Secretariat is delighted to announce that we were named as the Arbitration Expert Firm of the Year at the prestigious 2025 Lexology Index Awards Ceremony, held at Merchant Taylors’ Hall in London. We are honored to be recognized by clients and peers as the foremost experts leading and shaping the global arbitration community.
Secretariat has earned significant recognition in the 2026 Lexology Index Arbitration Report, with 52 experts named in the prestigious listing, including the most combined Thought Leaders (7) and Global Elite Thought Leaders (10).