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 arranged alphabetically by firm.

Other recommended experts

Kevin Arst understands the foundational elements of IP value and brings all the economic, licensing and litigation skills at his disposal to every engagement. He is a managing director at 284 Partners, a specialised IP consultancy where teamwork is key. His eminent colleagues include former Licensing Executives Society United States and Canada president Michael Lasinksi, who is an all-around financial IP lodestar and Philip Kline, who stands out for his SEP expertise in the wireless communications space. Each of the practitioners use one another as strategic sounding boards to guarantee that any conclusions formed are exceptionally well considered.

Daniel Jackson of AlixPartners is one of the most experienced testifying experts who features in the IAM Patent 1000. He gets right to the heart of financial, accounting and economic issues in a diverse range of civil, criminal, commercial and IP cases.

As one of the top economic consulting firms in the world, it is unsurprising that Analysis Group has incredible depth when it comes to intellectual property – its seven recommended individuals in the IAM Patent 1000 attest to this. Director of the DC office John Jarosz has unbeatable experience having been involved in over 300 IP cases and having testified in court in many of them – he was right there at the start when economists were first being deployed in patent infringement litigation. He has recently handled a number of tricky pharmaceutical assignments. With him in the capital are Christopher Borek, a battle-tested expert who fought in the smartphone wars who possesses outstanding knowledge of matters sitting at the intersection of business and public policy; Carla S Mulhern, a top International Trade Commission (ITC) specialist whose “warm and engaging personality plays well with judges” in any forum; and IAM Patent 1000 debutant Justin McLean, who has a percipient understanding of how case law developments affect the calculation of damages. Dallas-based economics PhD Keith R Ugone is “involved in just about every important case these days”. He is a master at utilising complex computer models in valuing intellectual property. Hailed as a “deep creative thinker” and “brilliant expert who comes across as forthright, honest and genuine in tough cross-examinations”, Jeffrey H Kinrich is one of the firm’s anchors out west. The Los Angeles managing principal has published extensively on damages. As well as testifying in depositions and at trial – something she has done on more than 100 occasions – Laura B Stamm in Boston provides essential support when it comes to patent portfolio valuation in a transactional context.

Ankura senior managing director and IP head David Yurkerwich has been in the patent world for decades and during this time has established close connections not just with attorneys but also with the scientists and engineers on the frontlines of innovation. The breadth of his portfolio management, licensing and litigation and arbitration experience is hard to match. He is based in New York. Flying the Ankura flag in DC is Walter Vandaele whose combination of IP and antitrust know-how puts him top of the list for pharmaceutical and biotech cases.

Stephen Becker is the founder of Applied Economics Consulting Group, a firm with a wideranging IP practice encompassing litigation as well as IP transactions and commercialisation. Technically trained and schooled in business management and public policy – the subject in which he earned his PhD – he brings a 360-degree perspective to his patent assignments.

ASQ Consulting president Thomas Britven is a market heavyweight. Highly specialised in intellectual property, he has testified on all types of economic issues in consequential disputes across the IP spectrum and is someone lawyers and their clients look to when cases are likely to play out in the courtroom. As trade secret litigation picks up, Britven is in even more demand than usual due to his record and experience in the area.

David Duski recently joined BDO’s forensic investigation and litigation services group to lead its IP practice; having previously spent a number of years working with the eminent Julie Davis at Davis & Hosfield, he is incredibly well-qualified for the job. Duski is very hands-on as a testifying expert; he reads all the pleadings and takes part in developing the opinions and drafting the expert report – unlike some of his peers who parachute in at the 11th hour, he does everything he can to reduce the burden on his clients. He is increasingly consulting outside of litigation and advising on licensing matters.

DC’s William Kerr and Chicago’s Catharine Lawton are the names to know at Berkeley Research Group. Kerr is an experienced testifier although he is best known for his thought leadership on IP economics – he has published multiple editions of a leading treatise on the subject. Lawton is a far-sighted and originative problem-solver on and off the stand.

With its combination of economic, finance, accounting, business strategy and industry proficiency, Charles River Associates is ideally placed to value intangible assets in a fast-evolving patent market. Mention CRA and Chicago consultants Daniel M McGavock, Raymond Sims and Michael Tate will be part of the conversation. Masters of the details as well as big-picture thinkers, they see the whole playing field and provide compelling testimony that aligns perfectly with the broader trial themes advanced by lead counsel. The global consulting firm has experts for just about every occasion: Academically rigorous and strategically smart, Gregory Bell and genetics PhD Sean Sheridan are the people to call for life sciences matters; Anne Layne-Farrar’s skill set makes her the perfect choice for IP disputes complicated by antitrust issues; Christopher J Bokhart is experienced in economic loss in patent, trademark and trade secret scenarios; Kimberly J Schenk has valued patent assets in the course of litigation and licensing negotiations and makes her debut in the IAM Patent 1000 this year after a string of excellent results in the healthcare, fitness and pharmaceutical fields; and James J Donohue acquits himself with distinction in intellectual property as well as cases in myriad other areas, from securities to professional negligence and bankruptcy.

Carl Degen is a proven performer in big-ticket high-tech patent suits. He has been at Christensen Associates for over 40 years and has served as president of the Madison-based applied economics consultancy for the past 14 years.

Jon Putnam is “one of the best when it comes to SEP matters”. The Competition Dynamics founder is among the elite having testified in numerous $500 million technology suits and in light of his academic record and thought leadership.

Competition Economics is the base of operations for Brett Reed. His high-tech industry knowledge is second to none having assessed economic loss in battles over a kaleidoscopic range of cutting-edge innovations for more than three decades.

Matthew R Lynde heads the IP practice at Cornerstone Research. His astute deployment of market-based evidence ensures that his testimony is always well-founded and perfectly fits each and every case. Among the most experienced of his colleagues is senior adviser George Strong, who has some notable medical technology and healthcare patent cases on his résumé in addition to a multitude of copyright, trade secret and breach of contract suits.

With Julie Davis at the helm, Davis & Hosfield is a stand-out financial consulting firm in patent litigation. Davis’s name resonates in both the legal and business communities; lawyers want her on their cases while the C-suite looks to her for insight on realising value through effective IP asset management. An excellent leader, she is an inspiration for the individuals around her, such as directors Michael Jeffords and Sara Rinke, who are “both extremely talented and smart experts with excellent résumés” who make their debut in the IAM Patent 1000 this year. Returning for the 2019 edition are Davis’s fellow principals Mark Hosfield and Melissa Bennis; Hosfield has an industry perspective on economic loss having previously been a finance vice president, which serves him well as a testifying expert; while Bennis is a key team player, exceptional report writer and excellent presenter.

Christopher Bakewell has a great practice at Duff & Phelps. He’s extremely well spoken, has vast experience and never gets frazzled on the stand.” Eminent Duke professor Henry Grabowski is a leading light when it comes to economics in the pharmaceutical industry and the perfect person to address the financial effect of generic drug competition to originators. He is also an authority on economics in the broader innovation context.

Echelon Analytics managing director Lance E Gunderson is absolutely steeped in intellectual property – he has specialised in IP litigation and licensing for nearly 30 years while working for both law firms and company clients, teaching at universities and writing extensively on IP damages and valuation.

Gregory Leonard is the star of the IP show at Edgeworth Economics. An oft-cited author, popular speaker and Massachusetts Institute of Technology economics PhD, he brings total credibility and gravitas to every engagement. His theories are founded on painstakingly thorough data analyses.

Epsilon Analytics president Thomas Vander Veen is a superstar when it comes to economic analysis in ITC Section 337 investigations. He has served as the principal economic adviser to the chairman of the commission. Mohan Rao, Epsilon’s CEO, specialises in the life sciences and is a former chief financial officer of a biotech company.

Global outfit FTI Consulting has IP experts stationed across the United States. Based in New York is award-winning Dawn Hall who provides resolute leadership to a supremely talented IP bench. Litigation counsel appreciate not only her composure in court but the strategic insight she provides in the run up to trial. As co-leader of the dispute advisory services group, DC’s Christopher Gerardi harnesses the firm’s resources for his clients very effectively. Carrie Distler and Vincent Thomas hold down the fort in Chicago. For Distler, testifying on damages is just one part of her broad practice that also encompasses IP management. She works across many industry sectors but is in her element in the life sciences. Thomas has participated in IP disputes numbering into the triple digits and is at home in the courts and at the ITC. In Dallas, Stephen D Prowse and Daniel J Slottje are the go-to guys: Prowse has accumulated infinite wisdom regarding economic policy; as a litigation expert, he works primarily in the securities, antitrust and IP fields, giving him a broad understanding of economic loss. Slottje is one of the most prolific economic authors on this list. On the West Coast, Brian Napper serves as leader of the IP practice. He is renowned as a licensing maven and excellent all-around IP strategist.

Intellectual property is a central plank of Hoffman Alvary’s consulting practice and the area in which founding partners Philip Green and Creighton Hoffman specialise. “They are smart and practical when it comes to devising defensible damages models and focused on driving appropriate business resolutions. They have presence in court too.”

As an inventor, businessman and IP strategist, Elvir Causevic of Houlihan Lokey stand out on the IAM Patent 1000 experts list. Some of the best transactional lawyers and litigators in the United States look up to him as a guiding light.

Intensity CEO Ryan Sullivan’s mastery of predictive modelling techniques sets him apart as a business consultant. IP and commercial litigation is a major part of his practice and he has been seen in action in a number of $1 billion cases.

IPFC Corp has a rock star (and former hoops star) in Todd Schoettelkotte, an “exceptionally articulate” expert who is “doing a lot of great work in the ITC right now”. He has performed all types of financial and economic studies in many industries and handled a diverse assortment of IP and other disputes, which means that he is exceptionally well rounded. Down the hall in Houston is senior adviser James Nawrocki, a 35-plus year veteran of multiple major patent infringement suits between competing top technology companies.

Michael Wagner’s career as an economic expert is a story of sustained excellence in the courtroom; he has testified in a remarkable 130-plus trials. He has also published extensively and co-edited multiple editions of a work on the financial expert role in litigation. He operates out of LitiNomics.

Listed in both the IAM Patent 1000 and the IAM Strategy 300, Michael J Dansky is a market-leading testifying expert and IP value-creation strategist at Nathan Associates. He is a profoundly experienced business executive having held senior positions at Polaroid and Xerox.

Economic analysis and policy PhD Alan Cox testifies in cases across the IP spectrum, although patents are his strong suit. The NERA Economic Consulting managing director has vast experience in both litigation and arbitration.

The realisation of commercial value from intellectual property is Ocean Tomo’s modus operandi. The firm offers a rainbow spectrum of services including expert testimony. The undisputed king of the practice is James Malackowski who is hailed by top litigators as “the most creative damages expert out there”. As one respondent espouses: “He’s a deep thinker, fantastic orator and convincing, credible and likeable individual.” There is no shortage of talent at Ocean Tomo: co-founder Andrew Carter provides top-class leadership to the expert services group – and has a $2.5 billion award to his name; Shirley Webster mines a rich seam of expertise conducting analyses in ITC patent litigations; and Cate Elsten brings real-world experience to the practice as a former senior manager at several corporations.

Exceptional business experience distinguishes Doug Kidder at OSKR – he understands intellectual property as a commercial asset in practice, not just in theory and makes this count in the high-tech and medical device cases in which he testifies. Also working out of OSKR is Nisha Mody, an artful persuader with a passion for her craft.

Massachusetts Institute of Technology economics PhD and Quantitative Economic Solutions president Chris Vellturo is a connoisseur of economic damages associated with patent infringement and an authority on competition law and policy. “He’s formidably smart but presents in a way that is very accessible for juries.”

An intellectual asset management guru, Mark A Peterson is the captain of his own ship at Robinwood Consulting. The abundant licensing expertise he draws on can make the difference between a good and a bad settlement.

Alan Ratliff has practised as an IP attorney in the past, so he knows what lawyers need of him now as an expert witness. When you instruct him on a case, he’s forward thinking from the outset as to the most effective approach to damages at trial.” He can be found at StoneTurn.

Stout is an impressive organisation not just on the numbers – it has a large team of professionals in 21 offices around the world – but in terms of its team-oriented and commercial culture and the tailor-made services it offers. A leader on the IP side of its disputes practice is John Bone, who is noted as a thought and practice leader when it comes to SEPs – he testified on the first occasion that the determination of a FRAND rate for such patents was tried before a jury. Leader of Stout’s Chicago IP practice David Haas is another senior member of the side. He is distinguished by his exceptionally strong engineering background and technical fluency. His counterpart in DC is Michele Riley who is “highly engaging on the stand”. A director in the capital Stephen Holzen has been consulted with respect to actions in district courts, the ITC and the PTAB at the USPTO and is appreciated for his wide-ranging IP knowledge.

Paul K Meyer and John L Hansen serve as president and vice president of TM Financial Forensics respectively. Meyer is an eminent scholar who has done a huge amount for the students of Stanford University. He has analysed damages in a variety of settings and testified in 70 trials including many patent cases. Hansen always delivers the goods in Section 337 investigations at the ITC.

In the courtroom, Whitley Penn’s Walt Bratic capitalises on his extensive IP valuation experience and cutting-edge knowledge regarding the state of the law as it applies to damages. He had a busy time of it in 2018 and played a leading role in one of the biggest trade secret theft cases of the year. He is all about quality, as is frequent collaborator Justin Blok. In deposition and at trial, Blok does an excellent job presenting the key issues in a way that anyone can understand.

Economic experts