United States: Expert witnesses

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, divided into “Recommended” and “Highly recommended” categories.

NERA Economic Consulting’s Sumanth Addanki has a flair for cases at the intersection of antitrust and intellectual property, especially where patents have implications for the analysis of market power and competitive effects. The Harvard economics PhD brings a “well-reasoned and highly scientific” approach to proceedings, while maintaining an “excellent courtroom presence”. An acknowledged thought leader in commercial damages issues, he has published articles far and wide and is a much sought-after speaker.

Certified in public accountancy, licensing and financial forensics, Kevin Arst has a diverse skill set; his nuanced testimony illuminates questions of lost profits, diminished business value, price erosion and reasonable royalties. With experience way beyond his years, the managing partner at 284 Partners garners glittering accolades from peers: “Kevin is a fantastic expert, excellent at research and writing; he is one of the best report writers I have ever seen. The ability to process data and to transform it into a story is vital and he has it in abundance. Kevin has amazing integrity too.”

Christopher Bakewell is a safe pair of hands for IP disputes of all stripes. Au fait with a number of sectors, he receives particularly warm applause for his work in the computing and telecommunications spaces: “Bakewell has a great understanding of the specific economic drivers in these industries; this can be key.” The Duff & Phelps man also impresses fellow experts with his “reasoned and measured analysis, whether on the plaintiff’s or defendant’s side, which makes him very credible. He is down to earth and has a straightforward presentational style.”

“For the computation of damages, Stephen Becker is wonderful; his analysis always has very strong underpinnings." The experienced licensing professional and former strategic consultant at Booz-Allen & Hamilton brings a wealth of real-world know-how to expert witness briefs. He is a founding partner at Applied Economics Consulting Group.

Boasting an impressive mix of economic, financial and business nous, the “extremely bright” Gregory Bell of Charles River Associates is prized for first-rate expert testimony and strategic advice on IP matters. In disputes, the versatile professional “produces high-quality analyses of a broad range of issues”, including infringement damages, irreparable harm and reasons for commercial success. Bell has an especially glowing reputation in the life sciences – a field whose every subtlety he appreciates.

John Bone has 60 testimonies in depositions and trials under his belt; his compelling, bigpicture analysis is based on an attuned sense of practical business matters, as well as sound financial concepts. The “no-nonsense expert” delivers his arguments in a direct way, “getting straight to the nub of the matter”. His efficacy owes a great deal to the support of Stout Risius Ross’s crack IP team.

Elder statesman Walt Bratic has been tested in a diverse set of IP litigation scenarios – and has acquitted himself admirably. His pristine expert testimony is informed by wisdom distilled from decades of professional experience, as well as his first-class academic knowledge. The finance whizz serves as managing director at OverMont Consulting LLC.

Damages expert Thomas Britven of ASQ Consulting handles the most challenging, high-stakes disputes with aplomb. Examining each case in microscopic detail and leaving no counterargument unanticipated, he develops analyses that withstand intense scrutiny. Crucially, Britven connects with juries and communicates difficult concepts in plain terms; a jury recently awarded his recommended damages of $900 million to Epic Systems Corp. Britven also led Becker is wonderful; his analysis always has very the team of experts which persuaded Canadian strong underpinnings.” The experienced licensing professional and former strategic consultant at Booz-Allen & Hamilton brings a wealth of real-world know-how to expert witness briefs. He is a founding partner at Applied Economics Consulting Group. Boasting an impressive mix of economic, and US bankruptcy judges to award $7.3 billion damages to the Canadian Creditors Committee in its IP-rich bankruptcy dispute with Nortel – one of the largest-ever disputes of its kind.

A trusted adviser on a range of commercial IP matters and a former consulting engineer in industry, Ocean Tomo co-founder Andrew Carter has a well-rounded understanding of the interplay between economics and technology. He has provided expert witness testimony 70 times before district courts, the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB) – experience which has sharpened his instincts and allows him to manage any brief with confidence.

PhD economist Alan Cox gives sophisticated and credible breakdowns of the most multifaceted commercial patent disputes. No ivory tower academic, the managing director of NERA Economic Consulting is poised under pressure and makes his arguments persuasively in court and arbitration proceedings.

Based at BRG Capstone's Boston office, licensing and transactions doyen Michael Dansky has acted as an expert in hundreds of litigations over more than 30 years – his first patent case was in 1983. Dansky’s deep knowledge of intellectual property as a business asset translates into insightful and authoritative testimony on deal-related disputes. He has an especially detailed understanding of the telecommunications and pharmaceuticals industries.

Jesse David spearheads the Los Angeles bureau of Edgeworth Economics. With a Stanford University doctorate in economics, he has an advanced understanding of prices, markets and commercial success as they relate to patent disputes.

Having served as practice leader at two of the world’s largest accounting and consulting firms, refined expert Julie Davis has provided economic assessments in more than 300 IP disputes. A principal at Davis & Hosfield Consulting LLC, the level-headed professional continues to attract praise for her work on the weightiest matters: “She is absolutely wonderful, very thorough and careful; her experience really shows.” Davis was imperturbable in her testimony for Apple in one of its headline-grabbing trials against Samsung; she was instrumental in securing $290 million in damages for her client.

Carl Degen leaves no stone unturned when calculating damages in high-stakes patent infringement suits on behalf of plaintiffs and defendants. The president of Christensen Associates has a particularly loyal following among computing and electronics companies.

Economics whizz Carrie Distler is sought after for her well-considered analyses of reasonable royalties and lost profits. FTI Consulting’s senior managing director possesses especially in-depth knowledge of the pharmaceuticals industry.

Well-versed accountant James Donohue provides perceptive and dependable damages assessments in a broad range of commercial disputes. The “fabulous up-and-comer continues to amass trial experience. He considers every angle of a case, is very hands-on and really goes the extra mile for clients”. Donohue is based in the New York office of Charles River Associates.

With a combination of marketing and accounting know-how, Cate Elsten of Ocean Tomo has a 360-degree understanding of patent damages issues. A financial professional for three decades – including a stint as a mainstay of PwC’s IP team – she knows how to apply theories to real-world cases. The veteran witness is also unflappable in court.

Christopher Gerardi provides well-grounded assessments of reasonable royalties, lost profits, and unjust enrichment matters. Though an economics and finance buff, he keeps it simple in court – avoiding obscure theoretical concepts whenever possible – and leaves the jury with a crystal-clear understanding of the factors at play. The co-leader of FTI Consulting’s dispute advisory services is also a fluent performer in the ITC and arbitration forums.

Edward Gold is a stand-out commercial IP adviser and expert witness in damages disputes. The economics and business valuation maven is rigorous in his analysis and creative in his approach; he weaves a compelling narrative at trial. Best known for work in the life sciences, Gold thrives in the software and semiconductor spaces, too. He can be found at Stout Risius Ross. A leading authority on the economics of intellectual property and the pharmaceuticals industry, Henry Grabowski, a professor at Duke University, can weigh up the commercial implications of even the most complex patent issues. His analysis never misses the mark and his words carry real force.

Hoffman Alvary & Company’s founding partner Philip Green has borne witness in more than 30 disputes, acting with equal composure before federal courts and arbitral tribunals. The accounting sage applies his razor-sharp intellect to an exhaustive set of economic questions regarding intellectual property.

Few know more than Lance Gunderson about IP damages and valuation; he can disentangle the most abstruse matters and explain them with great clarity to juries and judges. The Echelon Analytics professional is an acknowledged thought leader and a prolific lecturer at universities and professional associations.

IP specialist David Haas takes a thorough and systematic approach to damages calculation. His engineering background, paired with expertise in business administration, gives him great insight into how markets work and how specific technology adds commercial value. As an expert witness, he is forward thinking, visualising the trial presentation from the early stages of the case; his team’s up-to-date knowledge of case law and jurisprudence also helps him to craft watertight arguments. Haas leads the Chicago contingent of Stout Risius Ross.

Former PwC stalwart Creighton Hoffman is now a principal at Hoffman Alvary & Company. He is a go-to professional for a range of IP services, including licensing negotiations, portfolio valuations, mediation and expert testimony. Profiting from a panoramic perspective of patent disputes, the consummate accountant also has an eye for detail.

A big hit with juries in the Eastern District of Texas, Daniel Jackson of AlixPartners has spent 40 years advising and testifying on contentious commercial matters. He draws on hybrid expertise in accountancy and economics to superb effect.

“A deep thinker whose analytical work is rock solid”, John Jarosz of Analysis Group is a pre-eminent expert on harm valuation, causes of commercial success and questions of reasonable effort. “Excellent” as a witness in IP disputes, he has “great credibility, doesn’t come off as an advocate and connects with juries”. His legal background is a further advantage.

A dab hand in both IP and antitrust litigation, Michael Keeley is a font of wisdom on economics and finance; he has published articles in leading journals and received the Garn Prize for his scholarship on bank risk taking. With 27 years at the frontline, the Cornerstone Research professional remains cool-headed in the heat of battle.

Clients flock to the door of William Kerr, an influential thinker on patent damages. His book on the subject – now in its tenth edition – is essential reading for fellow experts; he has also lectured extensively on the topic. Kerr heads the Washington DC office of the Berkeley Research Group.

When testifying in IP litigation, OSKR’s Doug Kidder demonstrates an unwavering commitment to objectivity and straightforwardness. The time-tested witness and consultant has held senior business development positions in industry; he combines great skill in accountancy with a finely honed sense of commercial practicalities. Though conversant with many types of innovation, Kidder is particularly reputed for his high-technology know-how.

Michael Lasinski of 284 Partners commands the respect of peers: “I have the utmost confidence in Michael and readily refer work to him – he is superb.” The past president of the Licensing Executives Society is a fountainhead of knowledge on the commercial value of intellectual property and has taken the stand in various dispute resolution forums.

Catharine Lawton thrives in the most complex IP disputes, providing cogent testimony on matters relating to infringement damages and preliminary injunctions. She develops intimate knowledge of the data in each case and anticipates every possible objection to her proposal. Lawton’s presentational style is equally effective; she shows clearly how each piece of evidence fits into her broader argument, giving the jury a clear roadmap of how she arrived at her conclusions. The Berkeley Research Group professional demonstrated her prowess in a major recent patent battle which resulted in Marvell being ordered to pay client Carnegie Mellon University $750 million – the precise amount she proposed.

“One of the brightest in the game, Gregory Leonard is a thoughtful and careful presenter who is quick on his feet. He is super diligent, has a sharp intellect and is very difficult to refute.” The Edgeworth Economics mainstay is highly praised by fellow experts for his work in a range of IP-related disputes; fair, reasonable and non-discriminatory (FRAND) litigation is a particularly strong suit.

“A superb witness with amazing academic credentials”, Matthew Lynde of Cornerstone Research is a “seminal expert” on FRAND-compliant royalties; he acted for Microsoft in its landmark patent licensing dispute with Motorola. The adept economist has a wide-angle perspective on his subject, developed while practising in a range of academic, government and commercial environments; notably, he is the former head of PwC’s IP practice in Silicon Valley.

The “excellent” James Malackowski is among the most widely respected experts in the country. With deep knowledge of licensing, economics and accounting, he is a prized witness in high-stakes IP infringement and breach of contract disputes. His broad consultancy practice at Ocean Tomo and consultant has held senior business gives him deeper real-world market insights than development positions in industry; he combines great skill in accountancy with a finely honed sense of commercial practicalities. Though conversant with many types of innovation, Kidder is particularly reputed for his high-technology know-how. many of his peers. “Nobody presents better” than the courtroom virtuoso, who has “seen it all and remains cool under pressure”.

StoneTurn Group's Christopher Martinez is a clear-sighted analyst of the financial issues arising from IP and transactional disputes. A veteran witness and consultant, he also benefits from commercial insights gained as a licensing executive at a Fortune 50 corporation.

Helming the IP team at Charles River Associates is Daniel McGavock, whose expert testimony is grounded in an understanding of practical business considerations, as well as a keen grasp of IP damages methodologies. The proactive, resourceful professional lays a solid groundwork for his assessments. He also keeps a level head at trial, reacting instinctively to unexpected developments.

President and co-founder of TM Financial Forensics Paul Meyer has proved himself a worthy expert in more than 200 depositions and 35 trials. The silver-tongued orator has dazzled juries in a broad range of IP disputes, spanning multiple industries.

Equally at ease in federal court, ITC and arbitration panel proceedings, the “wonderful” Carla Mulhern has a faultless understanding of economic principles and how to apply them in the context of patent infringement suits. The managing principal of Analysis Group makes her arguments with great skill; agile and articulate, she relishes the cut and thrust of cross-examination.

Likeable and easy to work with, Brian Napper – a senior managing director at FTI Consulting – is well known for his testimony in a number of watershed IP trials. “He has a great relationship with clients and explains things well. Napper works harmoniously with his team to ensure the best preparation for trial; he excels in the most challenging cases.”

Peers hail James Nawrocki as “a superb damages expert who is extremely difficult to go up against”. The managing director of IPFC Corp presents compelling analyses, demonstrating to juries how details fit into the bigger picture. He puts in the legwork, making sure that the ‘I’s are dotted and ‘T’s crossed before trial.

OSKR’s Vince O’Brien serves up incisive, well-considered patent damages evaluations – a practice he has honed while assessing over 300 infringement cases. Having testified in 60 different forums, he explains his findings confidently and convincingly in the courtroom. With industry experience as a market analyst and corporate economist, O’Brien understands business realities, as well as economic models.

Proven problem solver Mark Pedigo of RGL Forensics brings clarity to the most arcane financial questions – a valuable trait when testifying in IP jury trials. His presentations are engaging, butbuilt on a solid foundation of facts. Damages quantification and patent valuation are fortes.

Mark Peterson heads boutique Robinwood Consulting. Having assessed damages claims in a comprehensive range of commercial disputes, he has a holistic understanding of IP infringement cases. His mixed accounting and economics background ensures that he has the conceptual tools to construct a robust analysis of any patent matter.

FTI Consulting’s Stephen Prowse is a top-notch economist with a nuanced appreciation of IP matters; he can be relied upon for illuminating advice and watertight testimony. In contentious scenarios, he shows the strategic foresight of a chess grandmaster, elucidating complex ideas with ease. Prowse is especially prolific before the ITC.

“Extremely smart and capable” Yale PhD Jon Putnam is at the vanguard of thinking about patent economics; he has held a slew of prestigious academic positions and published must-read treatises on the topic. More to the point, Putnam has demonstrated his litigation savvy in scores of disputes before an exhaustive range of forums, including cases in which hundreds of millions of dollars were at stake. The founder of Competition Dynamics works out of Massachusetts.

Managing director at Epsilon Economics, Mohan Rao is a world-class authority on IP and pharmaceutical economics. A perceptive and meticulous analyst, he presents unassailable damages assessments. “Extremely good at conceptualising issues in straightforward way” and an enthralling speaker, Rao gives virtuoso performances in district court and arbitration proceedings.

With “superb knowledge and skills” in accountancy and business, Alan Ratliff of StoneTurn Group knows the commercial value of intellectual property and how to measure it precisely. A former lawyer, he also understands how evidence needs to be developed to satisfy legal criteria in patent disputes; he works fluently with legal professionals and drafts logical, wellstructured reports. In a recent infringement case, client ISOLA was awarded the exact damages he advocated – $11.5 million.

Micro-economics aficionado Brett Reed has an intricate understanding of the issues which determine patent infringement damages, including lost profits, price erosion and reasonable royalties – so much so that he is recruited to analyse the trickiest and most omplex cases. A prime pick for any IP dispute,the Competition Economics professional has a special affinity for matters involving medical devices and software.

“Phenomenal expert” Michele Riley is a thought leader on damages methodology, giving her a real edge in litigation. The Stout Risius Ross managing director also brings a rare technical acuity to expert witness instructions.

StoneTurn Group’s Ambreen Salters is an economics and finance whizz, who not only provides incisive and comprehensive damages analyses, but also presents them persuasively, resonating with judges and juries alike.

“A formidable opponent with worthy expertise and a plain-spoken appeal”, is the verdict on Todd Schoettelkotte, a lynchpin of IPFC Corp. Having notched up a number of federal court appearances, he can be counted on when it matters most.

With a wealth of experience advising on a diverse set of IP-related business matters, Raymond Sims of Charles River Associates can quickly get to grips with even the most unusual patent disputes; he consistently pinpoints the pivotal issues and puts them under the microscope. These qualities have attracted over 200 expert witness instructions over the course of a 30-year career.

Making his debut in the IAM Patent 1000 is Daniel Slottje of FTI Consulting, “a brilliant and extremely intelligent professional with broad-ranging expertise”. The hotshot economist is a much sought-after consultant and witness, offering keen insights through his application of sophisticated statistical techniques. Slottje has impressive standing in his discipline; he is an inductee to the Applied Econometrician Hall of Fame and a professor at the Southern Methodist University, and has advised the UN Development Programme.

A distinguished witness on IP damages, Laura Stamm is especially clued-up on lost profits matters. She makes her point cogently in bench and jury trials, as well as depositions; her judgement is always built on rock-solid foundations and she is quick to spot the weak points in the opponent’s argument. Stamm is a senior adviser at the Analysis Group.

Cornerstone Research’s George Strong applies his business administration know-how to a wide range of commercial law disputes; the breadth of his experience allows him to see patent damages matters from every angle. The Harvard MBA also possesses a law degree, which helps him to work smoothly with legal counsel and present his case effectively at trial.

Intensity CEO Ryan Sullivan uses sophisticated economic models to solve the trickiest damages conundrums. The outstanding academician is celebrated for his creative but rigorous, datadriven approach and deep engagement with the questions at hand. He is called upon to testify in cases where billions are at stake.

Michael Tate of Charles River Associates is thorough, meticulous and hands-on. Well practised in accounting and financial techniques, he also boasts intimate familiarity with the specific issues at play in pharmaceutical patent disputes. A stellar courtroom performer, Tate makes a valuable contribution throughout the litigation process.

Enviably qualified in economics, accountancy and business administration, Vincent Thomas – co-leader of FTI Consulting‘s IP practice – offers incisive opinions on patent infringement, valuation and licensing. Steady-handed in his analysis, he gets his point across efficiently and eloquently when testifying under time constraints.

Running his own financial consulting firm, Richard Troxel knows the ins and outs of the commercial questions which crop up during patent litigation. The seasoned adviser works harmoniously with trial teams and keeps his composure in the most challenging scenarios. Analysis Group’s managing director Keith Ugone is “a fine expert, with a great intellect and unbelievable work ethic; it’s better to be on his team than on the other side”. Having sharpened his skills in more than 350 testimonies in deposition and trial, the Dallas-based professional boasts an impressively nuanced grasp of damages theories and presents his views crisply.

Thomas Vander Veen is excellent; he knows the ITC like the back of his hand, is very smart and performs brilliantly in trial.” The Epsilon Economics lynchpin undertakes complex financial examinations in a range of IP disputes, flourishing when market analysis is crucial to the case. His work is characterised by impressive erudition; he completed a doctorate in economics, which he taught at university level, before going on to serve as the principal Cornerstone Research’s George Strong economic adviser to the chairman of the ITC. Attentive client service is another hallmark, as is agile argumentation on the stand.

The sophistication of Thomas Varner’s training – he has a PhD from Stamford University and an MBA from the University of California, Berkeley – enables him to dissect the most intricate economic issues; when taking a scalpel to IP damages claims, he has a knack for getting straight to the heart of the matter. The indefatigable professional is a pillar of the practice at Economists Incorporated.

Chris Vellturo of Quantitative Economic Solutions is highly rated by his fellow experts: “Chris is amazing; he has a keen intellect, a solid theoretical grounding and approaches his work with real diligence. If I’m adverse to him, I know that I have a tough and engaging challenge on my hands. I also know that clients like the way he argues.”

The “absolutely outstanding” Michael Wagner “is very much at the top of the list – a credible witness who gives forthright testimony. He is thorough and balanced in his views, and his presentation is well pitched. Wagner also has a rock-solid team behind him”. The time-tested expert – who has testified in 130 trials across a range of forums – is part of the elite line-up at LitiNomics.

Well practised as an economic expert across the commercial litigation spectrum, Shirley Webster of Ocean Tomo understands the issues on which damages claims hinge. Her sincerity and integrity – as well as her learning – shine through in her testimony.

The thoughtful, well-reasoned Mary Woodford helps to navigate labyrinthine economic disputes relating to intellectual property. Her assessments are measured and robust; cross-examiners stand little chance of finding a chink in the armour of this quick-thinking, articulate witness. She can be found at Cornerstone Research.

Economic experts

Highly recommended
Christopher Bakewell - Duff & Phelps
Stephen L Becker - Applied Economics Consulting Group Inc
Thomas Britven - ASQ Consulting
Alan J Cox - NERA Economic Consulting
Julie L Davis - Davis & Hosfield Consulting LLC
Creighton Hoffman - Hoffman Alvary & Company
John Jarosz - Analysis Group, Inc
Gregory K Leonard - Edgeworth Economics
Matthew R Lynde - Cornerstone Research
James E Malackowski - Ocean Tomo LLC
Daniel M McGavock - Charles River Associates
Carla S Mulhern - Analysis Group, Inc
James Nawrocki - IPFC Corp
Stephen D Prowse - FTI Consulting Inc
Jon Putnam - Competition Dynamics, Inc
Alan Ratliff - StoneTurn Group LLP
Ryan Sullivan - Intensity
Vincent Thomas - FTI Consulting Inc
Keith R Ugone - Analysis Group, Inc
Thomas Vander Veen - Epsilon Economics
Chris Vellturo - Quantitative Economic Solutions llc
Michael Wagner - LitiNomics
Sumanth Addanki - NERA Economic Consulting
Kevin Arst - 284 Partners LLC
Gregory Bell - Charles River Associates
John R Bone - Stout Risius Ross Inc
Walt Bratic - OverMont Consulting LLC
Andrew Carter - Ocean Tomo LLC
Michael J Dansky - BRG Capstone
Jesse David - Edgeworth Economics
Carl Degen - Christensen Associates
Carrie Distler - FTI Consulting Inc
James J Donohue - Charles River Associates
Cate Elsten - Ocean Tomo LLC
Christopher Gerardi - FTI Consulting Inc
Edward A Gold - Stout Risius Ross Inc
Henry G Grabowski - Duke University
Philip Green - Hoffman Alvary & Company
Lance E Gunderson - Echelon Analytics
David A Haas - Stout Risius Ross Inc
Daniel Jackson - AlixPartners
Michael Keeley - Cornerstone Research
William Kerr - Berkeley Research Group LLC
Doug Kidder - OSKR
Michael J Lasinski - 284 Partners LLC
Catharine Lawton - Berkeley Research Group LLC
Christopher Martinez - StoneTurn Group LLP
Paul K Meyer - TM Financial Forensics LLC
Brian Napper - FTI Consulting Inc
Vince O’Brien - OSKR
Mark Pedigo - RGL Forensics
Mark A Peterson - Robinwood Consulting LLC
Mohan Rao - Epsilon Economics
Brett L Reed - Competition Economics LLC
Michele Riley - Stout Risius Ross Inc
Ambreen Salters - StoneTurn Group LLP
Raymond Sims - Charles River Associates
Daniel J Slottje - FTI Consulting Inc
Laura Stamm - Analysis Group, Inc
George Strong Jr - Cornerstone Research
Michael Tate - Charles River Associates
Richard B Troxel - Richard B Troxel Financial Consulting
Thomas R Varner - Economists Incorporated
Shirley Webster - Ocean Tomo LLC
Mary A Woodford - Cornerstone Research

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Issue 89