Robert Flanagan

Director

Mr. Flanagan has extensive experience in constructing robust economic and financial models, managing teams, and providing clients with strategic direction for complex, high-stakes litigation disputes in several areas, including intellectual property, commercial disputes (including breach of contract and false advertising disputes), and antitrust & competition.

Rob Flanagan applies his expertise to construct robust economic and financial models, draft economic expert reports, manage teams, and provide clients with strategic direction for complex, high-stakes litigation disputes in several areas, including intellectual property, commercial disputes (including breach of contract and false advertising disputes), and antitrust & competition. His professional experience includes financial modeling, statistical analysis, and economic research for matters involving reasonably royalties, lost profits, irreparable harm, commercial success, valuation, and market definition. Mr. Flanagan has experience across a wide range of industries, including the life sciences (including pharmaceuticals, medical devices, and diagnostics), computer software, computer hardware, apparel, and consumer packaged goods, among others.

Examples of Mr. Flanagan’s work include:

  • Performed an analysis of the contribution of patented machine learning technology to accused security software products in order to isolate the profits attributable to the patented technology and determine a reasonable royalty.
  • Analyzed company revenue and profitability data, marketing documents, license agreements, and contribution to product revenue to quantify the value of patented medical device technology and assess reasonable royalty and breach of contract damages for alleged infringement.
  • Performed an analysis of pharmaceutical contracts lost due to the alleged infringement of cancer diagnostic patents, including a determination of lost revenues and profits associated with the lost contracts. Evaluated irreparable harm, the balance of harm between the parties, and impacts of a potential injunction on the public interest.
  • Evaluated demand drivers and competition and analyzed web traffic and survey data to isolate the impact of and lost profits and unjust enrichment attributable to alleged false advertising claims made by a DTC medical apparel brand.
  • Constructed an econometric model to forecast pet food sales over time and estimate the financial impact of alleged false advertising claims, utilizing complex datasets including pet food point of sales data, benchmark company financials, and U.S. macroeconomic data series.
  • Conducted an evaluation of anticompetitive harm resulting from claims of monopolization and tying in markets related to mobile app distribution and payment processing, addressing issues of market power, market definition, economic tying, and damages.

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