This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.

Background

Two large semiconductor foundries had settled prior litigation relating to claims of patent infringement and trade secret misappropriation. Less than one year after settlement, a new litigation initiated when one of the companies was accused of breach of contract and trade secret misappropriation relating to the prior settlement.

Our Analysis

Intensity calculated economic damages for misappropriation of trade secrets and breach of contract. For trade secret claims, Intensity analyzed pricing, design, and other aspects of relevant products to inform on economic value of the asserted trade secrets. Intensity also performed economic research relating to availability and pricing of trade secret information in the marketplace, and calculated the value of the asserted trade secrets.

For breach of contract claims, Intensity performed an analysis of the economic positions that the parties would have been in if the contract had been fully complied with. Utilizing case-specific facts and economic analysis, Intensity calculated an amount of money that the non-breaching company would have received but for the alleged breach.