Patent Infringement and Damages in Computer Hardware
This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
Background
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.
Our Analysis
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.
Latest Insights
Article | July 18, 2025
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.
Article | July 17, 2025
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.
Article | July 16, 2025
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.
See All Insights
Talk to Our Insightful Experts