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/
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.