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.
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.
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.
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.