This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
One of the largest suppliers of branded personal computers (PCs), laptops, and notebooks was sued for patent infringement. The patented technology at issue related to hardware utilized in advanced computer security functionalities present in some of the seller’s PCs, laptops, and notebooks.
Intensity calculated reasonable royalty damages for the alleged patent infringement. Because the accused computer products embodied thousands of different hardware and software components, Intensity utilized a variety of metrics to calculate the extent to which the patented technology added value to the computer products at issue. This involved an analysis of what is known as the “entire market value rule” in patent damages, identification of the smallest saleable patent practicing unit, and an economic apportionment specific to the patented technology.
Intensity’s work involved an evaluation of data to inform on consumer demand and actual use of the patented invention in the marketplace. Intensity evaluated the competitive marketplace across many economic variables, including competing suppliers, profit margins, product differentiation, technological advances, and product obsolescence trends, among others.
Intensity determined and opined on an economically reasonable outcome of a hypothetical negotiation between the parties for a license to the patents that is consistent with the Georgia Pacific factors. As part of its work, Intensity evaluated licensing policies, licensing practices, and a variety of license agreements to inform on the hypothetical negotiation. Intensity also evaluated non-infringing alternatives that were available at the time of the hypothetical negotiation, including alternative software solutions, hardware emulation, smart cards, and biometric devices.
Managing Directors Michael Koenig and David Craig, writing in the American Bar Association Criminal Justice Magazine, examine the accelerating rise of ephemeral messaging and its growing impact on compliance, investigations, and litigation.
New York and California Step Forward as Federal Enforcement Retreats
As federal regulatory priorities narrow under the Trump administration, state attorneys general and financial regulators are preparing to take on a more active role in white collar and securities enforcement. With the DOJ and the SEC recalibrating their focus, states such as New York and California are asserting their authority to fill gaps in corporate oversight.
Policy News and Stock Market Volatility
When it comes to explaining stock market volatility, the story is rarely straightforward. In their article Policy News and Stock Market Volatility for the Journal of Financial Economics, Director Kyle Kost and coauthors Scott R. Baker, Nicholas Bloom, and Steven J. Davis revisit Robert Shiller’s 1981 finding that stock market fluctuations cannot be fully explained by realized future dividends.