United States: Experts
Economic analysis often plays a crucial role in IP litigation, whether relating to the question of reasonable efforts in licensing disputes, commercial success in disagreements over patentability or – most importantly – the quantum of damages to be paid for lost profits and as a reasonable royalty in infringement suits. Given the importance of patents as business assets and the significant sums at stake in compensation battles, choosing the right expert witness is imperative. The IAM Patent 1000 presents a list of the leading professionals in this field.
NERA Economic Consulting managing director Sumanth Addanki has analysed economic damages in cases across the IP spectrum and in many other fields. The well-rounded professional comes into his own in complex patent matters which give rise to competition concerns. As a financial consultant, Kevin Arst of 284 Partners has been in the IP game for nearly two decades. An IP damages maven who gets his arguments across with crystal clarity – in both writing and oral presentations – he is also a transactional IP guru and a prominent member of the Licensing Executives Society. Judging by the constant queue of top patent litigators at his door, prolific Duff & Phelps highflier Christopher Bakewell is “one of the top economic experts in intellectual property”. “Avoiding extremes, he builds credibility through a straightforward and logical approach. He writes thorough, nuanced reports, is very tough to depose and is highly persuasive when testifying before judge and jury.” Several sources highlight his “deep telecommunications industry knowledge”. Applied Economics Consulting Group founder Stephen Becker is “rock solid in cross-examination. He takes reasonable positions and, from a client perspective, provides high-quality guidance cost-effectively.” “He really takes the time to understand relevant industry trends and developments.” A “top-of-the-line damages expert in patent litigation” and “thought leader in the global pharmaceutical sector”, Gregory Bell of Charles River Associates is “a terrific testifier”. “He is quick on his feet, has a great demeanour and is highly effective at translating arcane financial theories into language anyone can understand.” “Thorough, diligent and efficient”, Melissa Bennis has been lauded as an up-and-coming star at Davis & Hosfield. Intellectual property provides the main focus of her work, but she testifies with poise and finesse in many litigation areas and across myriad industries. Recommended as “superb in deposition and on the witness stand”, Christopher J Bokhart joins the IAM Patent 1000 for the first time this year. As an expert on economic loss in patent and trademark cases, the Charles River Associates vice president proves himself “highly creative in developing damages theories in accordance with Federal Circuit law”. John Bone leads a thriving IP section at Stout Risius Ross as well as an outstanding team in support of his own practice. Extremely rigorous, he nonetheless cuts to the chase to make life easier for juries. He is particularly noted for his mastery of standard essential patent issues. Christopher Borek is a key figure at Analysis Group and has led his team to big wins on behalf of Samsung in its battles with Apple. He has substantial research experience in the fields of innovation and international trade and, as a result, his analyses are always extremely well founded. “Smart, articulate and able to generate precise, accurate work at astonishing speed”, Walt Bratic is an immensely popular professional at OverMont Consulting. “He’s a quick study, excellent in the courtroom and seems to have the most jury appeal among the expert crowd.” IP litigation is a central part of the practice at ASQ Consulting and Thomas Britven steers the ship. In the past year he has been instructed on a great many commonplace patent suits and completed his work systematically, efficiently and with a disciplined approach, which creates value for clients. He has also showcased his finesse on some high-profile trade secret actions. “Tom has vast experience across a range of technologies and an incredibly practical, ‘real-world’ stance on patent damages. He has an instinctual understanding of his clients’ commercial objectives and his thorough preparation always pays off in the courtroom.” Andrew Carter co-founded Ocean Tomo, a market-leading provider of opinion, management and advisory services concerning intangible assets. This makes him a big name in the industry, as does the fact that he served as the damages expert for the largest patent damages award in history and has consistently provided sterling testimony in myriad other suits. Carter is based in Chicago and now heads up the Ocean Tomo expert services group. Described by one gold-tier patent litigator as a “smart and experienced expert who works well with counsel and can meet aggressive deadlines”, Elvir Causevic debuts in the IAM Patent 1000 experts list this year. His credentials really stand out, too; he is the named inventor on more than 20 patents, has served as head of intellectual property at Ocean Tomo and has founded a number of businesses, including Black Stone IP, an investment bank focused on technology and IP assets. He now co-leads the technology and IP advisory practice at Houlihan Lokey, which acquired Black Stone IP in 2017. NERA Economic Consulting’s IP chair Alan Cox is held in high esteem by his fellow economists and patent lawyers, who turn to him in times of need. He has testified in many litigation and alternative dispute resolution forums and is a reliable guide for exploring complex issues in the courtroom. Michael J Dansky recently joined Nathan Associates and opened the firm’s Boston office. The former Berkeley Research Group professional is an ace on IP transactions and strategy who knows the surest ways to drive IP value on the global stage; however, he is always ready to deploy as a testifying expert, having been through the mill scores of times over his illustrious career. Few, if any individuals garnered more spontaneous recommendations during research for the IAM Patent 1000 2018 than Julie Davis of famed Chicago consultancy Davis & Hosfield. “Julie has mastered the economic issues underlying patent cases and is a true rock star. Jurors love her down-to-earth style, but she’s whip smart and creative and puts in resonant performances on the witness stand.” “Her preparation work is superior and she has an excellent team backing her up.” Carl Degen performs with alacrity on both sides of the ‘v’ in many civil litigation settings, although IP lawyers recommend him as a “top expert in disputes relating to patents and other IP rights”. The Christensen Associates president does not flinch in the limelight and is someone who delivers when the pressure is on. Carrie Distler has a fine-tuned understanding of the pharmaceutical sector in which she has undertaken extensive analysis concerning liability and damages, among other things. However, she is not easily pigeonholed and is comfortable in almost any industry or technical field and in any litigation context. She operates out of FTI Consulting’s Chicago bureau. James J Donohue of Charles River’s New York office is a proficient IP strategist, which serves him well in dispute and transactional contexts. Thanks to his meticulous preparation and dedication to clients he never fails to deliver, no matter how complex the case. Flying the flag for Ocean Tomo out on the West Coast, Cate Elsten is a seasoned testifying expert in intellectual property. She not only has a rich history in trademark law and brands but is also a guiding light on patent damages. Co-leader of FTI Consulting’s disputes advisory practice, Christopher Gerardi enjoys national recognition as an expert in economics and accounting. He puts in assured performances in any forum and has handled high-stakes suits in many federal and state courts, as well as at the International Trade Commission (ITC) and various arbitration chambers. Determining royalty rates for intellectual property is one of his many specialisms. “Henry Grabowski is the dean of pharmaceutical economic research and one of the world’s leading authorities on the effect of generic competition on the market for a prescription drug.” The august academic is professor emeritus of economics at Duke University. “Philip Green is extremely smart and thoughtful, and will give you the right answer, even if it is not what you want to hear. He is great at working with attorneys – in document collection and in deposition – to make sure all the right evidence is in place and is also hugely knowledgeable about the most recent case law.” The Hoffman Alvary man “seeks business resolutions where sensible”, but has a “real presence when testifying before judges and juries”. Lance E Gunderson generously shares his knowledge of damages calculation in intellectual property as a writer and speaker, and is widely regarded to be an authority on the subject. The Echelon Analytics managing director is a nimble analyst whose theories will not come unstuck despite the rapidly evolving patent law and policy landscape in the United States. “Dawn Hall is well-received not just in New York where she is based but in jurisdictions around the country. She excels at understanding her clients’ business strategies and then presenting simply and clearly at trial. She is always a pleasure to work with, even under the immense pressures of high-stakes litigation.” She calls FTI Consulting home. “Great in district court cases and the ITC”, John Hansen has an “excellent track record of success”. “He holds up brilliantly under the toughest cross examinations and is great in front of juries.” The TM Financial Forensics vice president focuses on intellectual property within his broad economic, accounting and damages consulting practice. Hoffman Alvary’s Creighton Hoffman “is as good as they get”. “He’s extraordinarily sharp and quickly cuts to the most important issues – and is reasonably priced, too.” He can draw on more than two decades of experience in intellectual property and even more in the wider area of disputes analysis. “Mark Hosfield understands and respects the line between being creative and over reaching. He also strikes the right balance between being collaborative and pushing back.” The Davis & Hosfield principal is “a consummate professional and his testimonial skills are top notch”. “Great to have on your team and an amazing and unflappable witness on the stand” Daniel Jackson of AlixPartners has a big following among fans. The fact that he has over four decades of experience as a testifying expert gives his clients peace of mind. “John Jarosz is a terrific witness who connects well with juries and works seamlessly with counsel. He takes a careful analytical approach and can be trusted with complete confidence.” The IP, licensing, commercial damages and antitrust guru works out of the DC office of Analysis Group. The rules around damages in patent litigation have changed markedly in recent years; patent owners need to be more articulate in describing how their intangible assets affect the value of their business, which has placed a premium on experts who can get the best for their clients. William Kerr of Berkeley Research Group is one such expert. He also does an excellent job tying the economics to the technology so that damages positions fit seamlessly with the presentations of technical experts. Doug Kidder has excellent business credentials having acquired, sold and run several enterprises both for himself and on behalf of investors. The OSKR partner is a dynamic IP expert with a firm handle on successful IP commercialisation tactics in the high-tech and medical device industries. Even the biggest analysis projects do not faze Jeffrey H Kinrich who, as well as being brilliant behind the scenes, is “excellent on the stand”. “He is incredibly smart and thoughtful and explains his opinions clearly, coming across as very calm and credible, even under the pressure of cross examination.” He is a managing principal at Analysis Group and works out of the consultancy’s Los Angeles office. Michael Lasinski is “brilliant when it comes to royalty and valuation calculations” and “has a deep knowledge of licensing, owing to his past presidency of the Licensing Executives Society United States and Canada”. He is the CEO at 284 Partners. Berkeley Research Group’s Catharine Lawton “works exceptionally hard and is very creative in developing theories”. She is also “a most impressive witness on the stand”. These quotes come from top patent litigators and are echoed by many others. Lawton has had some significant cases recently and served as a damages expert at trial for Wisconsin Alumni Research Foundation against Apple. “Gregory Leonard doesn’t rely on rules of thumb or loose comparisons; he never wavers from an extremely tight, analytical and fact-based approach.” As one source points out: “He was a central expert in some of the significant smartphone war battles in recent years and is widely considered a top expert.” Moreover, “he does excellent work at the ITC”. The revered doctor of economics and IP and antitrust expert is based at Edgeworth Economics. “Matthew R Lynde has extensive experience with standard-setting organisations and is a master when it comes to standard-essential patents.” The Cornerstone Research senior vice president has proved his mettle in dozens of high-profile suits and given testimony in many forums, both domestic and foreign. Unanimously endorsed Ocean Tomo expert James Malackowski is “one of the best damages experts in the country and is constantly involved in major patent cases”. “He leverages his vast experience to tackle problems from the absolutely best angles before giving the clearest explanations to all audiences.” Daniel M McGavock helms Charles River Associates’ leading IP practice. The experienced expert – who has testified more than 75 times – “always delivers excellent, timely work”. “His independence is among his chief distinguishing features – he takes guidance well but ultimately his opinions are his own and he stands behind them. Also setting him apart is his willingness to put others forward to assist if he thinks they have a better background for the problem than he does – you get a terrifically strong team whatever the industry or valuation problem, as a result.” Paul Meyer, the president and co-founder of TM Financial Forensics, is one of the most experienced economic damages experts in the land. “He’s done just about everything over a long career and is extremely smart and very polished.” “He connects well with juries and has lots of great experience in standard-essential patent cases.” “Nisha Mody knows damages law extremely well and, more importantly, she loves it. She stays up to date on all developments and is creative in her theories.” The OSKR partner “has a commanding personality and makes a strong personal connection with juries”. “Carla S Mulhern is an insightful, organised, highly intellectual expert who is great on her feet in court and, most importantly, independent and objective.” Although strongly endorsed regardless of the dispute forum, she is especially known for her ITC work; litigators who specialise in Section 337 investigations call her “hands-on with her team, extremely detail-oriented and vastly knowledgeable about domestic industry requirement issues”. Based in Washington DC, Mulhern is a managing principal at Analysis Group. Brian Napper is “smart, diligent and responsive” and has “an excellent demeanour on the stand”. The global head of intellectual property at FTI Consulting is one of the most experienced patent and IP damages calculators in the business and a true “master of his craft”. Put simply, “James Nawrocki is superb on the stand – he explains his opinions clearly, is super credible and develops a wonderful rapport with juries”. The managing director of Houston-based financial and valuation services and litigation consulting outfit IPFC Corp offers his clients the full benefit of his nearly four decades of experience. Mark A Peterson is CEO and founding partner of Robinwood Consulting, an independent firm which specialises in intellectual property. He has evaluated economic damages in all forms arising from IP infringements across a swathe of industries and has a deft touch when it comes to litigation settlement and avoidance by transactional means. He is also a big name in the Licensing Executives Society. “An impressive witness in the courtroom”, Stephen D Prowse is “highly sophisticated with a broad background and experience which enables him to handle economic issues outside of the traditional or pure patent area”. In this regard, the FTI Consulting senior manager is oft-cited for his expertise in the antitrust area. “Jon Putnam of Competition Dynamics has an impressive academic and professional pedigree; he has published widely and testified at trial numerous times. He has a down-to-earth personality, while his knowledge of IP law and economics makes him a formidable witness.” Commentators also shine a spotlight on his expertise concerning standard-essential patents. Mohan Rao of Epsilon Economics is a go-to for life sciences disputes and among the foremost experts when it comes to pharmaceutical economics. He understands how the drug market operates and is a font of insight and analysis on issues including pricing, marketing and regulatory approval. “Immensely respected by judges and attorneys” Alan Ratliff is “a forward-thinking expert who is superb at providing detailed reports and testifying”. The “smart, organised and incredibly effective” StoneTurn pro has one of the more diverse backgrounds among the economic experts appearing in the IAM Patent 1000; he has been a law clerk, an attorney in a top law firm and worked in a so-called ‘Big 8’ accounting firm. “Brett Reed does more than calculate a lost profit and multiply it by a number of units – he is not just an accountant, but a top-notch economist who provides overarching analysis that supports a broader damage theory. He also does an excellent job as a witness, both in substance and in demeanour.” Reed is a crucial member at West Coast IP and antitrust setup Competition Economics. Michele Riley is one of the leading experts at Stout Risius Ross and receives a glowing write up from her fellow economists and from attorneys. “She’s well prepared, easy to cooperate with, engaged in all aspects of her work, very sharp and unflappable on cross-examination.” Respondents had absolutely no hesitation in awarding their highest recommendations to Todd Schoettelkotte of IPFC Corp. “Todd is the hardest-working guy out there – he is extremely diligent and thoughtful when forming his opinions, and can, as a result, staunchly defend them when it is time to testify. He has a very keen eye for detail and is able to consider, process and utilise large amounts of data to build comprehensive, compelling damages models.” “He partners well with legal teams and doesn’t take anything attorneys say for granted” and “he follows changes in the law closely”. “A true pro at testifying, Raymond Sims is strong on direct examination and unshakeable under cross-examination”. The Charles River Associates big hitter has “a particular aptitude for valuing patents and providing reliable damages calculations for litigation purposes. He has years of experience, is easy to work with and adept at giving highly persuasive testimony”. FTI Consulting’s Daniel J Slottje has published extensively and is a respected name in academic economic circles. His résumé in practice is equally impressive, given his significant litigation consulting and testifying experience – the latter encompassing 200 depositions and nearly 100 trials. Companies and counsel seek him out when a fresh perspective is required on issues such as consumer demand, which often falls outside the bailiwick of many other economists. “Juries respond well to, and inevitably adopt the positions of Laura B Stamm because she explains difficult concepts in clear and convincing fashion. She can be counted on to do an excellent job in terms of her analysis and testimony.” A consultant at Analysis Group, she has broad commercial disputes experience, but intellectual property is a particular strong suit. Having appeared in over 100 cases (spanning intellectual property, antitrust, breach of contract and fraud) – including many of immense significance to all IP stakeholders – George Strong Jr has more than earned his reputation as one of the leading experts on economic gains and losses stemming from the infringement of intangible rights. He works out of the Los Angeles office of Cornerstone, where he is a managing director. Ryan Sullivan of Intensity is routinely identified as the first choice of expert for plaintiffs: “He has views that align well with a plaintiff’s case, as well as being exceptionally well spoken, extremely sharp and very responsive.” The CEO of Intensity has testified in billion-dollar cases on more than a dozen occasions. A go-to at Charles River Associates, Michael Tate “is a guy who can get deep into the numbers while making his testimony relatable for juries”. He has “an easy-going manner” and comes across in the most genuine way. A former KPMG partner who can now be found in the Chicago office of FTI Consulting, Vincent Thomas garners glowing notices from high-stakes patent litigators. “He stays cool under fire and can handle anything an opposing counsel throws at him, which makes him perfect for big-ticket cases.” “He has a commanding presence in the courtroom and presents complex financial issues simply and straightforwardly, so judges and juries can get their heads around them.” When asked about Keith R Ugone of Analysis Group, one source commented: “I am willing to bet my house that he has the most testifying experience of any economist.” To this was added: “His reports are always thorough and well written, such that he will never be challenged on the grounds that something is missing.” Others aver that “he is a great teacher in and outside the courtroom and helps make the lawyers who instruct him better damages lawyers”. On top of it all, “he has a unique ability to distil complex technology to its simplest form in order to present a compelling damages case, and has a down-to-earth presence that puts him in stark contrast to other ‘slicker’ folks in the damages expert rotation”. Walter Vandaele makes his debut in the IAM Patent 1000 this year thanks to enthusiastic endorsements: “He handles intense questioning well and is a master on the witness stand. He is well versed in the pharmaceutical and biotechnology areas and quickly gets up to speed on complex technology.” Navigant Consulting is his base. “An excellent economist with a great team behind him, Thomas Vander Veen is especially good at finding creative ways to argue a position while keeping within the requirements of the law. He also performs very well under pressure.” He has testified in numerous forums, but is among a select group of experts with specialist knowledge of economic issues relevant for ITC cases. Vander Veen is the key point of contact at Epsilon Economics. “As an economist, Chris Vellturo is brilliant and he contributes great ideas to resolve the most complex and relevant economic issues in his cases. He is also a fantastic witness who easily understands the tricks lawyers play – he is often able to outsmart them, even on legal issues.” The Quantitative Economic Solutions president is also “very accessible for juries”. Michael Wagner of LitiNomics is a luminary in the field of expert testimony. “He has always stood out as a straight-shooter – he is a balanced presenter who is very personable on the stand.” He has been “persuasive and credible” at every turn of his “phenomenal career”. There are virtually no limits to the experience of Shirley Webster when it comes to industry sector, technology type, client profile or IP subject matter – as a testifying expert, she is extremely well rounded. She is a managing director in Ocean Tomo’s impressive IP group and is based in Houston. David Yurkerwich is not just an outstanding testifying expert – he is a thought-provoking consultant and problem solver for issues surrounding patentability and the effective development of IP portfolios. He operates out of Navigant Consulting’s New York and San Francisco bureaux while maintaining a regular presence in its offices in Germany.
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