Intensity joined Secretariat on February 1, 2023.
Intensity was engaged to define modeling criteria for measuring the potential economic effects of generic drug stockpiling to a branded pharmaceutical supplier.
Branded pharmaceutical products can face significant erosion of sales following generic entry. In some instances, generic drug stockpiling – or building inventory before patent expiry beyond what is needed for regulatory purposes – can allow for high-volume commercial introduction immediately after patent expiration and, in such instances, can thus magnify the impact of generic entry on branded sales and profits. Intensity analyzed the economic effects of generic stockpiling on a branded supplier and found that these effects, while limited in duration, can be both complex and substantial depending upon specific factual circumstances. Intensity also determined that the magnitude of these economic effects varies due to multiple factors, including the amount of stockpiled generic product, unconstrained generic demand, generic production capacity, branded and generic pricing strategies, and branded price erosion, among others.
Intensity’s analysis was presented to executives at a branded pharmaceutical supplier to help decide whether to seek injunctive relief against stockpiling, either through an injunction or other potentially available remedy.
Intensity joined Secretariat on February 1, 2023.
Intensity conducted an economic analysis of sales, costs, profitability, and reasonable royalties resulting from the alleged infringement of patents relating to television set-top boxes.
Intensity was engaged on behalf of a large consumer electronics company to evaluate reasonable royalties resulting from the alleged infringement of patented television set-top box technology. Intensity’s evaluation included quantifying the economic contribution of the patented technology in the marketplace relative to the next best alternative, evaluating marketplace dynamics, licensing, and other factors. Intensity analyzed the incremental contribution of the patented technology from both a revenue perspective and a cost perspective.
Intensity’s client secured a settlement prior to the close of expert discovery in the case.
Intensity joined Secretariat on February 1, 2023.
Intensity today announced that The Board of Trustees of San Diego Zoo Global has welcomed a new member: Ryan Sullivan, Ph.D. Named to the board Feb. 27, 2018, he joins a 10-member group of professionals with varied backgrounds who volunteer their expertise to guide the nonprofit organization’s ongoing conservation efforts. Sullivan previously served as a member of the Board of Directors of the Foundation of San Diego Zoo Global, from January 1, 2016 until joining the Board of Trustees.
Sullivan is chief executive officer at Intensity Corporation, and he has broad experience and expertise in economics, finance and statistics. His specialties include business analytics, and resolution of legal and marketplace issues pertaining to the economics of intellectual property and technology.
Sullivan earned his B.A., M.A. and Ph.D. in economics from the University of California, San Diego. He is currently a member of the Economics Leadership Council at UC San Diego. Sullivan has published economic research in major peer-reviewed academic journals—including the Journal of Finance, the Journal of Econometrics and the International Journal of Forecasting—as well as articles on the economics of intellectual assets.
Bringing species back from the brink of extinction is the goal of San Diego Zoo Global. As a leader in conservation, the work of San Diego Zoo Global includes on-site wildlife conservation efforts (representing both plants and animals) at the San Diego Zoo, San Diego Zoo Safari Park, and San Diego Zoo Institute for Conservation Research, as well as international field programs on six continents. The work of these entities is inspiring children through the San Diego Zoo Kids network, reaching out through the internet and in children’s hospitals nationwide. The work of San Diego Zoo Global is made possible by the San Diego Zoo Global Wildlife Conservancy and is supported in part by the Foundation of San Diego Zoo Global.
Intensity joined Secretariat on February 1, 2023.
Intensity performed an economic analysis of damages resulting from alleged infringement of several patents relating to inmate telecommunications technology utilized in correctional facilities.
Intensity was engaged on behalf of an inmate telecommunications provider to evaluate reasonable royalties for two patents asserted against a direct competitor, as well as three patents asserted by the competitor against Intensity’s client. Intensity conducted an economic analysis of the contributions of the both parties’ patented technologies to sales, profitability, and marketplace performance. Intensity analyzed the inmate telecommunications marketplace, apportionment to the contributions of the patented technologies, licensing policies and history, the parties’ competitive dynamics, marketing strategies, profitability, and the Georgia-Pacific factors. The analysis also evaluated issues of irreparable harm, adequacy of available remedies, balance of equities, and the public interest, to determine if injunctive relief would be an appropriate remedy.
The case settled favorably upon the completion of expert reports.
Intensity joined Secretariat on February 1, 2023.
Intensity performed a series of preliminary analyses of potential patent infringement damages on behalf of a biopharmaceutical company.
Intensity successfully provided multiple, successive analyses pertaining to potential lost profits and reasonable royalties, with each deliverable having a requested turnaround time of only a few days. Despite working with a compressed schedule, Intensity carefully evaluated several economic factors potentially relevant for damages and provided multiple outcome scenarios. As the analysis was inherently forward-looking, Intensity projected future sales of the allegedly infringing treatment, evaluated potential marketplace entry and competitive dynamics, and forecasted pricing and profitability. Intensity utilized several approaches to estimating potential reasonable royalties, including market-based and licensing-based royalties. Intensity also evaluated the potential economic benefit of the alleged infringement through an analysis of market capitalization impacts resulting from positive regulatory milestones.
Intensity joined Secretariat on February 1, 2023.
Intensity conducted an economic analysis of marketplace dynamics, segmentation, competition, and costs and profitability to evaluate reasonable royalties for the alleged infringement of patents relating to LCD televisions.
Intensity was engaged on behalf of a large consumer electronics company and LCD television manufacturer to determine reasonable royalties, which involved identifying and quantifying the economic contribution of each of the asserted patents relative to the next best alternative. The identified benefits included manufacturing costs savings, improved display performance, and increased energy efficiency. Intensity evaluated the economic benefits of the asserted patents in the context of the LCD television marketplace while accounting for the alleged infringer’s strategic position and other considerations according to the Georgia Pacific factors. Intensity conducted additional analyses and research on cost savings pass-through and demand elasticity, and the corresponding potential implications for reasonable royalties.
In addition to its evaluation of reasonable royalties, Intensity provided a thorough critique of the opposing expert’s analysis. The Court excluded a portion of the opposing expert’s testimony and issued a stipulated final judgment in favor of our client.
Intensity joined Secretariat on February 1, 2023.
Intensity provided strategic guidance to the board of directors and executive leadership of a large, publicly traded technology company to address patent licensing and royalties.
Intensity was engaged to apply expertise in licensing, patent monetization, royalty structure, and damages analyses to the specific marketplace challenges confronting the technology company. Intensity discussed the feedback loop between licensing and enforcement, whereby licensing can influence reasonable royalty analyses in litigation, and litigation efforts and outcomes may impact licensing deals.
On the litigation side, Intensity addressed the damages framework for patent litigation in the United States, as well as global enforcement initiatives involving foreign jurisdictions and the U.S. International Trade Commission. On the licensing side, Intensity addressed royalty structure including running royalties, lump-sum royalties, fixed payments, and royalty caps. Also, Intensity addressed cross-licenses, covenants, releases, grant-backs, technology collaboration, standstills, affiliate offsets, and other potential items at issue in licensing negotiations.
Intensity further advised on the development of licensing models that are used for internal strategy, such as determining an appropriate royalty, and models that are used for external strategy.
Intensity joined Secretariat on February 1, 2023.
Intensity conducted an economic analysis of potential sales, profits, reasonable royalties, and lost profit damages resulting from the potential “at-risk” launch of a generic drug used to treat mental disorders.
Intensity was engaged by a generic pharmaceutical supplier to evaluate potential risk exposure resulting from alleged patent infringement due to launching their generic drug prior to patent expiration. Intensity developed a parameterized forecasting model to evaluate the potential economic benefits of launching the drug at risk against the potential financial damages that could result from doing so. Intensity’s analytical tool forecasted sales, profits, reasonable royalties, and lost profits under a number of potential scenario outcomes. These scenarios varied by various generic launch dynamics, including the degree of generic competition, presence of an authorized generic, price erosion, demand expansion, generic penetration rate, share of generic marketplace, branded and generic net sales prices, cost of goods sold, and branded marketing spend.
Intensity’s analysis was used for strategic decision making by the senior executive team of the generic pharmaceutical supplier in determining whether to launch at risk.
Intensity joined Secretariat on February 1, 2023.
Intensity successfully performed detailed economic analysis in a compressed period of 48 hours to assist client TaylorMade Golf respond to an application by Parsons Xtreme Golf for a temporary restraining order and preliminary injunction that would prohibit TaylorMade from launching its P790 irons.
Intensity was engaged by Sterne, Kessler, Goldstein & Fox on behalf of TaylorMade Golf Company to evaluate whether Parsons Xtreme Golf would be irreparably harmed due to alleged infringement by TaylorMade of U.S. Patent Nos. 8,961,336 and 9,346,203, and to evaluate the balance of equities in granting a temporary restraining order that would prohibit TaylorMade from launching its P790 irons on September 15, 2017. Intensity evaluated marketplace dynamics, pricing, production costs, production processes, marketing strategies, market segmentation, quantification of potential damages, and potential impacts on business opportunities and reputation. Intensity also analyzed the balance of equities in granting a temporary restraining order and computed a bond amount to compensate for negative effects of a potential restraining order.
The Court denied the application for a temporary restraining order based upon the irreparable harm issue, and subsequently Parsons Xtreme Golf withdrew its request for preliminary injunctive relief.
Intensity joined Secretariat on February 1, 2023.
Intensity client Ethicon Endo-Surgery, a subsidiary of Johnson & Johnson, defeated a motion for preliminary injunction that was filed by Covidien, a subsidiary of Medtronic.
Intensity was engaged by Patterson Belknap Webb & Tyler on behalf of Ethicon to evaluate whether Covidien would be irreparably harmed due to alleged infringement by Ethicon of U.S. Patent No. 8,241,284, and to evaluate public interest and the balance of equities in granting a preliminary injunction against Ethicon’s ENSEAL X1 Large Jaw surgical device. Intensity evaluated economic contributions of the patented technology, the impact of alleged infringement on financial performance, drivers of demand for relevant products, quantification of damages, the impact of the alleged infringement on Covidien, and the impact of an injunction on Ethicon and the public interest.
The Court found that Covidien had not established a connection between the competitive harms it identified and the allegedly infringing features of Ethicon’s X1 device, and denied Covidien’s motion for a preliminary injunction.
Intensity joined Secretariat on February 1, 2023.
Intensity client Future Link Systems settled a case against Intel that involved fifteen patents and all of Intel’s high-volume processors sold within the previous eight years. In 2014, Intel filed a declaratory judgment action against Future Link for nine patents, and Future Link then counterclaimed for patent infringement of those nine patents along with six additional patents.
Intensity was engaged by Irell & Manella on behalf of Future Link to evaluate reasonable royalty damages and address claims of economic prejudice relating to technology used in microprocessors. Intensity evaluated the economic contributions of the asserted technologies and developed detailed analyses that directly measure the effects of the technology on sales and profitability. Intensity developed econometric models that measure the financial impact of specified improvements in processor performance, as well as financial models that measure the benefits of improving time to market.
The Court denied Daubert motions on damages and the parties settled the matter in the month prior to the scheduled start of trial.
Ryan Sullivan named “Patent 1000 Recommended Expert” for fourth consecutive year
Intensity joined Secretariat on February 1, 2023.
Ryan Sullivan was recognized for the fourth straight year as a top U.S. economic expert, in the 2017 edition of Intellectual Asset Management’s IAM Patent 1000: The World’s Leading Patent Practitioners 2017.
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.”
According to IAM, “Intensity CEO Ryan Sullivan uses sophisticated economic models to solve the trickiest damages conundrums. The outstanding academician is celebrated for his creative but rigorous, data-driven approach and deep engagement with the questions at hand. He is called upon to testify in cases where billions are at stake.”
About the IAM Patent 1000
The IAM Patent 1000 is a standalone publication that identifies individual and firm expertise in all major areas of patent law and practice. Through an extensive research process conducted by a team of highly qualified, full-time analysts, the publication identifies the top patent practitioners, as well as leading patent law and attorney firms, in 41 of the world’s most important jurisdictions.