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.
Navigating ECCTA: A Guide for Organizations
Ben Boorer, writing for Enterprise Times, discusses the Economic Crime and Corporate Transparency Act (ECCTA), which comes into force on 1st September 2025. ECCTA will reshape the UK’s compliance landscape by, amongst other things, holding organisations accountable for fraud committed by employees, agents, and subsidiaries.
Google Damages Ruling Offers Lessons for Testifying Experts
In an article for Law360, Director Adam Rhoten explores the implications and significance of the recent en banc U.S. Court of Appeals for the Federal Circuit decision in EcoFactor Inc. v. Google LLC, a significant ruling that marks a shift toward stricter judicial scrutiny of expert testimony in patent cases.
Achieving Organic Growth for a Legal Nonprofit
In this article for Law 360, Secretariat Managing Directors and co-founders of Law Rocks Nick Child and Ted Scott reflect on their journey of founding the nonprofit, reflecting on the biggest challenges they faced, and how they balance this endeavor with their full-time careers.