Intensity joined Secretariat on February 1, 2023.
Intensity provided an economic analysis to determine whether a patent holder’s offers to license patents claimed to be essential for cellular functionality to multiple manufacturers of end-user devices were fair, reasonable, and non discriminatory (FRAND). Intensity also evaluated how a limited exclusion order and cease and desist order against the manufacturers may impact the public interest and determined a bond amount upon importation of the accused products that would be sufficient to protect the patent holder from any injury during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j).
Intensity was engaged by a holder of patents declared as essential for 3G and LTE cellular standards regarding its offers to license the declared patents to multiple manufacturers of end-user devices. In determining if the offers were FRAND, Intensity performed an economic analysis of relevant license agreements, the aggregate royalty burden for 3G and LTE cellular standards, and the patent holder’s economic contribution to each standard. Intensity also evaluated multiple economic issues, including the impact on competition, consumers, and public health and welfare, in evaluating how a limited exclusion order may impact the public interest.
Intensity’s analysis has been provided to the U.S. International Trade Commission, which has instituted an investigation pursuant to the provisions of Section 337 of the Tariff Act of 1930 regarding the importation of the manufacturer’s accused end user products.
Intensity joined Secretariat on February 1, 2023.
Intensity performed economic analyses to evaluate damages resulting from breach of contract claims between a patent holder and a media company for 3D film conversion technology. Intensity’s analyses consisted of evaluating unpaid royalties and fees pursuant to the contract as well as value received from the settlement of a related litigation.
Intensity worked on behalf of an award-winning senior scientist, who pioneered development of 2D-to-3D conversion technology and obtained numerous patents that were licensed to a global entertainment technology company. In evaluating reasonable royalties and lost profits, Intensity considered contractual provisions, demand for the patented product, non-infringing alternatives, commercial relationships, and relevant license agreements. To determine damages, Intensity employed an income approach involving analysis of discounted cash flows, modeled revenue projections, projected 3D film growth, profitability in 3D film conversion, and historical, current, and addressable market size for 3D films.
Intensity’s analyses were considered by an arbitration panel in its decision to award breach of contract damages, including monetary compensation and public credit to the patent-holding scientist for his contribution to certain 3D films.
Intensity conducted economic analysis and provided trial testimony relating to the determination of reasonable royalties, evaluation of commercial success, and assessment of the economic contribution of multiple encryption technology patents allegedly embodied in a software product.
Intensity was engaged by a global software company accused of utilizing a data security company’s patented multi-level encryption technology. In quantifying reasonable royalties, Intensity analyzed relevant license agreements, marketplace factors, and the contribution of the patented technology to the products. In determining commercial success, Intensity evaluated the profitability of the licensing entity, relevant third-party products using the patented technology, and the nexus of the patented technology to product sales and profits.
Intensity provided expert reports, deposition testimony, and trial testimony, resulting in a jury verdict and court order consistent with Intensity’s analysis.
We are delighted to announce the expansion of Secretariat’s UK business. Liam Holder has joined us as a Managing Director.
Liam is a seasoned quantum expert with experience on many of the world’s largest engineering and construction disputes. According to Don Harvey (Managing Director), “Liam brings a wealth of testimony experience to the firm and reinforces our commitment to integrity and quality.”
Secretariat holds a distinct position in the expert witness marketplace. Mr. Holder stated, “I joined the Secretariat team due to its reputation for high quality work and unique culture.”
Please join us in welcoming Liam to the Secretariat team.
To view full bio, please click on the link below:
https://dev-secretariat-intl-old.pantheonsite.io/member/liam-holder/
Economics and Data Science Firm Recognized Again by San Diego Business Journal
Intensity joined Secretariat on February 1, 2023.
Intensity Corporation was named for the third time as one of the best places to work in San Diego by the San Diego Business Journal.
The annual list of the Best Places to Work in San Diego is the result of a program designed to identify, recognize, and honor the best employers in San Diego, benefiting the county’s economy, workforce, and businesses. Intensity has been named one of this year’s Best Places to Work in San Diego in the small business category.
“Intensity’s selection to the list of Best Places to Work in San Diego for the third time illustrates that adhering to our beliefs creates both an outstanding work environment as well as a superior work product for our clients,” said Ryan Sullivan, Chief Executive Officer of Intensity. “Our success is a direct result of our incredibly talented and hardworking team that brings out the best in everyone.”
Companies from across the county entered the two-part survey process to determine the Best Places to Work in San Diego. The first part consisted of evaluating each nominated company’s workplace policies, practices, philosophy, systems, and demographics. The second part consisted of an employee survey to measure the employee experience. The combined scores determined the top companies and the final ranking.
The companies on this year’s Best Places to Work in San Diego list will be honored at an awards ceremony on September 20th. A special issue of the San Diego Business Journal that profiles the companies selected as the Best Places to Work in San Diego will be published on October 1st. For more information on the Best Places to Work in San Diego program, visit www.BestPlacestoWorkSD.com.
Intensity joined Secretariat on February 1, 2023.
This study provides a data-driven analysis of the “one-and-done” policy for early entry into the NBA draft. The NBA, NCAA, and NBPA have all expressed some dissatisfaction with the policy, and the potential CBA negotiations in 2017 present the NBA and NBPA with an opportunity to improve it. Our analysis demonstrates that:
- there is a natural downward trend in entry age, which was shifted upward by the one-and-done policy;
- players who delay entry and play in the NCAA do not make up the foregone earnings;
- NBA teams are no more accurate in projecting player value when drafting players with more NCAA experience;
- NBA teams are no more accurate when drafting players since the introduction of one-and-done; and
- NBA teams are more accurate when drafting players earlier in the draft.
In the context of these findings, we discuss options for improving the policy. These include (a) modifying the rookie scale to compensate players for NCAA participation, and (b) introducing an entry threshold that allows only the best players to enter the NBA, while allowing others to develop in the NCAA. We also discuss options for compensating college athletes, including allowing players to receive revenue from endorsements and licensing.
It gives us great pleasure to announce Meera Wagman’s promotion to Managing Director at Secretariat. With over 20 years in the construction industry, Meera has established herself as one of the leading experts in delay and disruption in construction projects and has become recognized and renowned in both domestic and international markets. Her wealth of experience includes many high profiles projects including the Panama Canal and the Burj Khalifa.
Due to the increased demand for her technical ability, Meera has decided to focus more on expert work and testifying and less on the administration of the business. Her unwavering commitment to integrity and quality reinforce the firm’s core principles. Meera holds a BS in Civil Engineering from Cornell University and previously held positions at both Gilbane Building Company and Navigant.
In conjunction with this, we are also pleased to announce that John Little has joined Secretariat as our new CFO/COO, based in Atlanta. John brings over 25 years of international experience in senior financial and operational leadership positions across the professional services sector.
Most recently, he spent 12 years as the CFO of Proudfoot, a leading global operations consulting business. John began his career working with KPMG in both the UK and the US. John holds a Bachelor of Law degree and a Diploma in Legal Practice from the University of Glasgow and is a Member of the Institute of Chartered Accountants in England and Wales.
To view more on Meera and John please click on the links below:
https://dev-secretariat-intl-old.pantheonsite.io/member/meera-wagman/
https://dev-secretariat-intl-old.pantheonsite.io/member/john-little/
We are delighted to announce the expansion of Secretariat’s UK business. George Taft has joined us as a Managing Director & the firm has officially opened an office at 20 Birchin Lane in the City of London and an office at 1310 Solihull Parkway in the City of Birmingham.
George has a Bachelor of Science degree in Quantity Surveying from Reading University and is professionally trained as a Chartered Quantity Surveyor. Mr Taft brings 28 years of experience and is a world renown quantum expert witness in the construction industry. Mr Taft has been involved with some of the highest profile projects in the world such as the Panama Canal.
According to Don Harvey (Managing Director), “George brings a wealth of testimony experience to the firm and reinforces our commitment to integrity and quality.”
To view full bio, please click on the following link: https://dev-secretariat-intl-old.pantheonsite.io/member/george-taft/
Intensity Chief Executive Officer named in the Patent 1000 for fifth consecutive year
Intensity joined Secretariat on February 1, 2023.
Ryan Sullivan was recognized for the fifth straight year as a top U.S. economic expert in the 2018 edition of Intellectual Asset Management’s IAM Patent 1000: The World’s Leading Patent Practitioners 2018. Dr. Sullivan is one of only 24 highly recommended economic experts in the United States.
The IAM Patent 1000 identifies the leading technical and economic experts from around the world. According to Nicholas Richardson, research editor on the IAM Patent 1000, “Patents have become essential business commodities, and knowing how to obtain, enforce and monetise them has become mission critical for companies in all industry sectors.” Further, “Private practitioners play a key role in developing and implementing patent strategies for clients in both local and global markets, as well as acting to protect clients’ rights in the event of infringement. The IAM Patent 1000 shines a spotlight on the firms and individuals that are deemed outstanding in this pivotal area of practice.”
IAM lauded Dr. Sullivan’s expertise, stating “Intensity CEO Ryan Sullivan uses sophisticated economic models to solve the trickiest damages conundrums. He is called upon to testify in cases where billions are at stake.” IAM further stated that “Ryan Sullivan is the gold standard for damages experts. He applies real economic principles and consistently comes up with results that hold up on appeal.” IAM also noted that “He can handle large assignments with skill and finesse, and he applies his supreme econometric skills in a way that is straightforward.”
About the IAM Patent 1000
The IAM Patent 1000 – The World’s Leading Patent Professionals – is a unique guide that identifies the top patent professionals in key jurisdictions around the globe. Now in its’ seventh edition, IAM conducts nearly 2,000 interviews to identify individuals who have received sufficient positive feedback from peers and clients with knowledge of their practice and the market within which they operate. Only those individuals identified by market sources for their exceptional skill sets and profound insights into patent matters feature in the IAM Patent 1000.
Intensity joined Secretariat on February 1, 2023.
Intensity performed an economic analysis of addressable market size and growth, usage rates, royalty rates, potential infringing competitors, enforceability, and technology relevance over time, to determine the fair market value of cloud technology patents.
Intensity was engaged by a global technology company that had acquired several families of patents relating to a cloud technology service delivery platform. In calculating fair market value of these patents, Intensity used the income approach, discounted cash flows, modeled revenue projections, and analyzed various internal and external market data. These calculations included patents that were in use, expected to become in use, and those of value but with no known plan for use.
Intensity’s calculations were used by the company’s management team to assist in forward looking business decisions related to the acquired technology, future use of patents, and evaluating the potential risks and rewards for pursuing enforcement actions.
Intensity joined Secretariat on February 1, 2023.
Originally published in Law360. With its April 25, 2014, opinion in Apple Inc. v. Motorola Inc., the Federal Circuit has provided new material for defenders of Daubert challenges, and may have initiated a reverse in the trend of challenging expert testimony. While past opinions from the Federal Circuit have been helpful to understand what is unacceptable in calculating patent damages, the opinion in Apple v. Motorola offers relatively broad guidance on what is acceptable in calculating damages.
We are pleased to announce that Nick M. Child and Natasha Willicombe have joined Secretariat. Based in London, they will lead our Business Development function across the globe and drive our growth in Europe and beyond.
Mr. Child is a seasoned professional and has played a particularly active role in the global construction law industry for over 26 years. He heads up firm-wide business development and will focus on delivering the Secretariat brand around the world. With his detailed knowledge and understanding of the market and our specialist practice areas, Mr. Child puts the needs and expectations of our clients first.
Ms. Willicombe is a Business and Law graduate with more than 20 years’ experience in the legal sector. She will play an essential role in business development for Secretariat by putting her detailed knowledge and understanding of our specialist practice areas into play.
To view full bios, please click on the links below:
https://dev-secretariat-intl-old.pantheonsite.io/member/nick-child/
https://dev-secretariat-intl-old.pantheonsite.io/member/natasha-willicombe/