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.
Secretariat Expert Valuation Helps Secure Historic $5.89 Billion Citgo Sale Order
In a complex federal court case in Delaware with far-reaching geopolitical significance, Managing Director Gary Kleinrichert’s expert financial valuation helped secure approval of a landmark $5.89 billion Citgo sale opinion that could help resolve billions of dollars in unpaid judgments against Venezuela and certain of its instrumentalities.
Secretariat Named Arbitration Expert Firm of the Year at 2025 Lexology Index Awards
Secretariat is delighted to announce that we were named as the Arbitration Expert Firm of the Year at the prestigious 2025 Lexology Index Awards Ceremony, held at Merchant Taylors’ Hall in London. We are honored to be recognized by clients and peers as the foremost experts leading and shaping the global arbitration community.
Secretariat has earned significant recognition in the 2026 Lexology Index Arbitration Report, with 52 experts named in the prestigious listing, including the most combined Thought Leaders (7) and Global Elite Thought Leaders (10).