This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
A large software company was accused of utilizing patented, standard-essential video coding technology in computer operating systems and video game consoles. A patent trust accused the software company of infringing the video coding patent, and the software company asserted multiple claims of patent infringement against the entity that founded the patent trust.
Intensity provided analysis and expert testimony relating to quantification of patent infringement damages. Intensity determined an economically appropriate reasonable royalty for patents asserted by both plaintiffs and defendants, and we provided testimony at trial on the topic of economic damages.
Intensity delivered its analysis within the economic framework of hypothetical negotiations between the parties for licenses to the patents-in-suit. In part, this involved an assessment of the economic aspects of hundreds of license agreements involving the parties and related technologies. In addition, Intensity investigated the economics of standard-essential patent licensing through patent pool entities including a number of video standards licensed by MPEG LA. Intensity also addressed the economic issue of hold up value resulting from widespread adoption of a technology standard prior to allegations of infringement of a standard-essential patent.
Intensity performed analyses of competition, cost structures, marketing strategies, licensing practices, and partnerships relating to the patents-in-suit. After a comprehensive analysis, reasonable royalty damages were determined by quantifying the royalty payments that the parties would have agreed to after taking into account the economic considerations specific to each company.
Overtaken by Events: What Delay Quantification Can Tell Us About Causality
In the International Construction Law Review, Stuart Jones presents an innovative approach to delay analysis in construction disputes. His article, “Overtaken by Events: What Delay Quantification Can Tell Us About Causality,” introduces a forensic and mathematical framework that challenges conventional assumptions about project delay and causation.
Secretariat Announces 2025 Mid-Year Promotions
Secretariat is thrilled to celebrate the mid-year promotion of 21 individuals across 11 global offices.
Five Key Recommendations to Strengthen Cybersecurity in Latin America and the Caribbean
Cybersecurity is now a core element of legal, regulatory, and business risk management. In Latin America and the Caribbean, organizations face mounting pressure to demonstrate proactive compliance with evolving data protection laws, cybersecurity mandates, and cross-border disclosure requirements. Boards and legal departments are expected not only to prevent cyber incidents but also to prove due diligence, resilience planning, and rapid response capabilities when they occur.