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.
Taking The Right Approach in Asset Searching and Recovery in 2025
The tension among regulators between the push for increased transparency and the need to protect individual privacy is always apparent in asset searching exercises. This tension is a global phenomenon, central to the ongoing debate surrounding registering beneficial ownership information.
Marking 135 Years of the Sherman Antitrust Act
Today, Secretariat marks the 135th anniversary of the Sherman Antitrust Act, enacted by the 51st U.S. Congress and signed into law by President Benjamin Harrison on July 2, 1890. The Act was the first comprehensive federal legislation to promote competition, criminalize monopolistic behavior, and empower courts to uphold economic efficiency as a public good.
Highlights and Takeaways from CBV CONNECT 2025
At the CBV CONNECT 2025 Conference in Toronto, we had the privilege of presenting multiple panels, engaging with fellow business valuation professionals, and exploring the latest developments shaping the future of the industry. We’ve compiled key takeaways from our time at CONNECT 2025 below, highlighting critical insights from our speaking engagements and the emerging trends we’re watching in the world of business valuation.