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.

Consultancies

Analysis Group 

Intellectual property is a central pillar of Analysis Group’s far-reaching economic consulting offering, and one of its most vibrant and dynamic practice areas. Working collaboratively across offices, the IP team shares best practices and tools and puts the right people on the right cases to drive the most satisfying outcomes. As the IAM Patent 1000’s inclusion of eight members attests, there is a deep bench of experts here; but it is a striking characteristic of the firm that they’re not the only ones delivering in court – clients have the opportunity to use the ensemble’s up-and-coming stars as testifying experts and don’t face a restricted choice of only the most senior folks. Ever in hot demand, Dallas-based economics PhD Keith R Ugone is one of the most active on the roster; having testified at trial and in deposition an incredible 500-plus times, he has seen and done it all. Also top of the line are John Jarosz and foremost ITC expert Carla S Mulhern, both of whom garner glowing notices from the market. “John has vast experience across the board, but is especially well suited to complex FRAND cases. He is dedicated and stays intimately involved throughout a case, taking a balanced approach to analysis and displaying impeccable character.” “One of the best in the business, Carla is incredibly smart, always well prepared and calm and collected in trial and at deposition.” Making his debut in the guide for 2020, Robert Vigil is also enthusiastically endorsed: “Dr Vigil’s work product is always turnkey. He stays up to date on patent law impacting damages and is highly creative in his analysis. He presents well and is particularly gifted at explaining difficult concepts simply.” He is also adept at supporting outside academic testimony. Vigil is based in DC alongside Christopher Borek and Justin McLean; the former is noted for his dexterous handling of the most substantial cases requiring a multi-layered economics skillset, and the latter for his breadth of experience solving financial and economic conundrums both in and outside the IP space. Staying east, Laura B Stamm has been incredibly active lately on the defence side of patent cases. Away from litigation, the Boston-based affiliated consultant also has a deft touch when it comes to strategic business planning. An anchor on the West Coast, Jeffrey H Kinrich acquits himself with distinction in many contentious areas, including patents. “Jeff is incredibly smart, analytical and creative, and consistently comes up with cogent damages theories that survive all challenges. He takes an appropriately active role in his cases, providing insight where needed and delegating to more junior people at the right times. He performs very well under cross-examination and has considerable jury appeal.”

Ankura Consulting Group, LLC 

One of the fastest-growing consulting firms in the United States, Ankura expanded its IP practice by acquiring 284 Partners in late January 2020. The move brought Kevin Arst, Philip Kline and Michael Lasinski on board and was a smart play, considering the group’s reputation for “outstanding quality in patent litigation (on the plaintiff and defendant sides) and transactional work”. Coming in for particular praise, Lasinski is “extremely well rounded and the complete package. His preparation is unbelievably thorough and he’s an excellent testifier who all the top firms consider a go-to expert.” This latest expansion follows the firm’s 2018 acquisition of various Navigant Consulting divisions, which added David Yurkerwich and Walter Vandaele to the fold. As a leading strategist, Yurkerwich has shown great proficiency helping clients to overcome virtually all IP challenges, but especially those pertaining to IP-driven deal negotiations and enforcement matters. Vandaele stands out as an ace on damages in antitrust and patent cases; though his experience cuts across many industries and technologies, he applies his expertise to particularly persuasive effect in life sciences suits.

Berkeley Research Group, LLC 

Berkeley Research Group’s (BRG) IP experts conduct rigorous analyses and produce thorough reports with rare efficiency. Taking advantage of the firm’s 28 offices across the United States, they work flexibly in the same location as the lawyers trialling a case, allowing for seamless collaboration with legal teams; often, these come from the other side of past litigations, which speaks to BRG’s quality. Spearheading the practice are William Kerr and Catharine M Lawton, managing directors in the DC and Chicago offices respectively. Kerr, who has written authoritative works on IP damages, fits all the pieces of the most intricate litigation puzzles together and presents his models in court in a straightforward manner. Lawton understands the nuances of each case and the underlining goals of different parties, thanks to her deep experience across a range of antitrust, contractual, IP and other litigation, and representation of extremely diverse clients. Joining them in the guide this year is BRG co-founder and chairman David J Teece, a celebrated economist who has made immeasurable academic contributions to intellectual property. Of course, he is also a polished practising consultant and testifying expert. New to the list also is New Yorker Joshua Lathrop, who brings deep ITC experience to the practice.

Charles River Associates 

With 12 inclusions, Charles River Associates (CRA) has the largest number of experts in the IAM Patent 1000 for 2020, which is fitting given its status as a global consulting powerhouse. Its depth of collective IP expertise is second to none: across the organisation, 100-plus individuals address issues in high-exposure patent infringement, antitrust, tax and other cases across myriad industries. Providing inspirational leadership is Chicago’s Daniel M McGavock, who shines in large, data-intensive cases between competing industry titans, requiring the analysis of multiple lost profits scenarios. “Dan is an absolute star whose work always holds up and whose testimony is always convincing. He can complete difficult tasks in what would be to others insufficient time.” McGavock is one of many versatile experts here who thrive in testifying and strategic advisory roles; Raymond Sims and Michael Tate are others. “Ray is exceptional and has a cool and calm demeanour no matter how intense a case is. He’s been in this for a long time and is an incredibly knowledgeable resource.” Tate is very much cut from the same fine cloth. The bench at this uppermost senior level has only gotten deeper recently, following the arrivals of Christopher Gerardi and Gregory K Leonard in September and December 2019 respectively. Gerardi – FTI’s former managing director and dispute advisory services co-leader – has decades of experience as a damages expert. Edgeworth Economics alumnus Leonard adds significantly to CRA’s capabilities in cases in which antitrust and IP issues intersect to ramp up the complexity. In these scenarios, the firm was already well positioned, thanks to Anne Layne-Farrar and Robert Maness – both accessible, down-to-earth experts who strike just the right tone in the courtroom. Worthy of special mention, the life sciences team is in pole position to handle cutting-edge pharmaceutical and biotechnology cases. Gregory Bell (who leads the section) and Sean Sheridan excel at guiding clients on licensing strategy and developing damages analyses in infringement cases; both have PhDs – Bell’s in business economics and Sheridan’s in genetics. Impressing in areas such as biologics, Kimberly J Schenk has “really accelerated her career in the past 12 to 18 months”. “Kim comes across extremely well in front of juries and puts together incredible testimony to help win even when opponents have a much better case on paper.” Many of the professionals here combine strong litigation and transactions practices – good examples being Christopher J Bokhart and James J Donohue, who are distinguished by the breadth of their IP expertise, encompassing patents, trademarks and trade secrets.

Davis & Hosfield Consulting LLC

Chicago outfit Davis & Hosfield is highly specialised when it comes to the analysis of financial and economic issues in a litigation context. Working on knotty damages issues day in, day out, its professionals have both their analysis and their presentation down to a fine art. With Julie Davis, Mark Hosfield, Melissa Bennis, Michael Jeffords and Sara Rinke on deck, and a meritocratic approach to team building, the firm is never left wanting for brainpower, no matter how demanding a case is. Davis is the brightest star in the constellation and a powerhouse of the IP consulting world who has worked on hundreds of important lawsuits, while also providing thought leadership on IP best practices for the C-suite. Her dynamic colleagues have all achieved great things across the IP and industry spectrum.

Duff & Phelps LLC

With approximately 4,000 professionals dispersed around the world, Duff & Phelps boasts amazing valuation, finance, disputes and other resources. The firm’s IP specialists take full advantage of this incredible support package to astutely handle domestic and international patent litigations and arbitrations, and advise comprehensively on international trade issues, among other things. Taking charge of the global IP advisory services group from his base in Houston, managing director Christopher Bakewell flexes a holistic understanding of the business of intellectual property; he is “hugely experienced and eminently well suited to the highest-level instructions”. Increasingly called on as a testifying expert, his Chicago colleague Julia Rowe earns her IAM Patent 1000 stripes for the first time this year.

FTI Consulting Inc 

Mighty advisory firm FTI Consulting provides total support to clients as they navigate any and all business challenges. An adroit all-round performer in intellectual property, it deploys its patent and technology expertise globally and to great effect in valuation, licensing and disputes contexts. The group’s most venerable members are San Francisco’s Brian Napper and Chicago’s Vincent Thomas – the former heading the IP practice within the forensic and litigation consulting arm of the firm, and the latter co-leading the dispute advisory services side. Napper has testified in benchmark litigations across many industry sectors and is as assured as witnesses come; he is also an authority in the licensing sphere with respect to FRAND obligations and the determination of royalty rates. Thomas is a veteran of hundreds of IP cases encompassing all categories of intangible rights and one of the most sophisticated damages modellers in the game. Other senior managing directors include Carrie Distler, Stephen D Prowse, Daniel J Slottje and Dawn Hall. Distler brings deep pharmaceutical industry experience to the mix; economics PhD Prowse exhibits exceptional policy expertise in his practice; fellow Dallas-based PhD Slottje has conducted all forms of economic analyses and testified resonantly thereon; and New Yorker Hall has razor-sharp analytical skills and is celebrated for the crystal clarity of her written reports and oral presentations.

Intensity, LLC 

Intensity applies exceptional rigour to every task and engagement. Serving up incisive analysis and testimony of the highest calibre, the ultra-responsive firm is a discerning choice of partner in any bet-the-company IP or commercial case. The outstanding directorship of Ryan Sullivan gives it a major edge in the patent space. “Ryan is an excellent patent damages expert – he truly gets to grips with the issues he is addressing and understands them in their litigation context perfectly; then he delivers accurate and fully defensible analyses that are jargon-free and understandable to everyone in the courtroom. He provides the clearest answers and never has to be evasive or inconsistent.” Joining him in the listings this year are rising stars Richard Brady and Aminta Raffalovich who, taking their cue from Sullivan, throw themselves fully into their work. Brady takes the lead on a lot of the group’s life sciences matters and impresses with his creativity; alongside Sullivan, he has recently been evaluating damages for a portfolio of patents relating to microfluidic technology for 10x Genomics, working with star litigators David Gindler of Milbank and Matthew Powers of Tensegrity. Sought out by elite law firms, Raffalovich instils confidence in clients thanks to her independence of thought, sophistication of skill and rapidity of reply.

IPFC Corp

Houston consultancy IPFC is home to a stellar team of people you can trust. The professionals here have faith in their opinions and work with precision, giving them immense credibility when the time to testify comes. The diversity of their instructions exposes them to a broad spectrum of industries and technologies, which they do a superb job of understanding at a micro level of detail. Though relatively compact, the collective has an amazing level of experience: president and managing director Todd Schoettelkotte and senior adviser James Nawrocki, for example, have chalked up nearly 60 years between them. Star turn Schoettelkotte can handle multiple major cases at the same time while making each client feel like his only client; he makes a lot of sacrifices so he can claim full knowledge of all the intricacies of his cases and add value in every possible way. Nawrocki is a wonderful strategic sounding board for clients and colleagues. Making their debuts in the IAM Patent 1000 this year, Bryan Van Uden and Daniel Lindsay are also repositories of trust who together add another 40 years of experience to the practice. They showcase remarkable range, in both transactional and contentious settings.

Ocean Tomo LLC

Few, if any business management and advisory consultancies know intellectual property as well as Ocean Tomo – valuing it, dealing in it and testifying on it are activities that the firm undertakes on the daily at a global level. Providing testimony is a core service and, unsurprisingly, it has some of the most engaging experts in the game – most notably including Andrew Carter and James Malackowski. Co-founder Carter sets the pace when it comes to winning in court and heads the damages analysis practice. CEO Malackowski is an “amazing testifier who is able to teach the fundamentals to juries in a way that is dynamic and entertaining”. Managing directors Shirley Webster and Cate Elsten are other go-to experts – Webster being known for her ITC nous and Elsten for her broad IP compass.

Stout

Richly resourced in the IP arena, Stout’s disputes, compliance and investigations group has some 25-plus focused experts who provide a comprehensive menu of IP valuation and consulting services and are also regularly retained by leading lawyers as expert witnesses in patent infringement litigations. Extremely thorough in their analysis, but brilliant at conveying simple-sounding theories clearly and concisely in court, David Haas, Michele Riley and John Bone are the most seasoned testifiers on deck. Haas spearheads the Chicago IP practice and has helped to make the IP market over a 30-year damages determination career. Leading the DC office, “Riley won’t let herself get pushed by lawyers into positions that aren’t supportable and is deeply credible at trial as a result”. Bone simply gets the numbers right and is an ace in FRAND and other compound disputes. He may have fewer years under his belt, but Stephen Holzen is no less effective: “Steve is just a wonderful resource and stands out as someone with a technical background and as a former USPTO examiner.” To ensure maximum impact, all of these individuals rely heavily on Scott Weingust, who captains the IP valuation practice. Stout was recently joined by Dana Trexler, who makes her first appearance in the IAM Patent 1000 for 2020. “Dana uses all available resources in the right way to ground her thorough opinions”.

Other recommended experts

Justin Blok and Walt Bratic fly the flag at mid-sized Texas-based accounting firm Whitley Penn. Working both independently and collaboratively, they address damages issues in IP and commercial litigations, drawing on a strong support staff to get difficult jobs done. Available 24/7, they stay involved and make life easy for trial teams as they move cases forward. They are also bang up to date on with the case law and how it impacts the damages landscape. ASQ Consulting president Thomas Britven has decades of experience leading top consulting firms and is a vital conduit of economic and business advice. He’s a major leaguer when it comes to the analysis of IP damages as well as licensing. Elvir Causevic hails from an electrical engineering background and is a seasoned inventor; better than perhaps just about anyone on the IAM Patent 1000 experts list, he understands both the science and the innovation process. The Tech+IP Capital co-founder is also a business leader. Michael J Dansky has worked in every industry in which patents have mattered in the past three decades and has proven himself to be adaptable to the changing business landscape. What has remained unaltered, though, is his licensing insight, cultivated through elite business development and consulting roles. The work he produces is of superb quality and he has enjoyed immense success in high-end cases. He has worked for many years with Bradford Kullberg, another IP veteran and monetisation guru. Both are senior vice presidents at Nathan. Stephen E Dell of Novum Consulting Group is driven by a desire to get to the right answer and doesn’t just take what clients give him; fiercely independent, he puts forth analyses with great confidence and credibility. His real-world licensing experience sets him apart from many damages experts and gives him an edge when it comes to explaining to juries how things actually happen in the marketplace. David Duski conducts economic and financial analyses with perfect exactitude and is in hot demand for pre-litigation damages assessment and expert testimony services. He is the complete package: extremely attentive to clients, an efficient and cost-effective operator, and a highly effective teacher to juries. BDO’s investment in him has really paid off – he has helped to supercharge its advisory capabilities in the IP space. A premier consulting outfit to the legal world, Hoffman Alvary understands the lawyer mindset better than most and uses this to tailor its litigation and valuation services fittingly. Founding partner Creighton Hoffman is one of the set’s IP pathfinders and displays a deftness in licensing and litigation that comes only with experience. Another of the organisation’s founding principals, Philip Green has all the right qualifications and has evaluated all forms of economic harm arising from all forms of IP infringement – versatility that makes him a most percipient adviser. Celebrated Duke Economics professor Henry Grabowski is a foremost authority on the business of intellectual property in the pharmaceutical field. Valuation, licensing and disputes ace Lance E Gunderson is the brightest IP mind at Echelon Analytics. He has a profound understanding of damages, which he has calculated from all conceivable angles and in many industries over his nearly 30-year career. Leveraging extensive industry experience, OSKR partner Doug Kidder is in his element when consulting on the commercialisation of intellectual property. As a testifier, he is gifted at tying the numbers to business realities, which makes him highly effective. Cornerstone Research IP head Matthew Lynde has submitted expert testimony dozens of times and is also sought after for his valuation expertise in the high-technology space. His glittering CV – which includes training in electrical engineering – is adorned with many notable representations. DeForest McDuff stays current on the law and has often helped to positively develop it by playing frontline roles in crucial cases – for example, regarding blocking patents in the pharmaceutical area. He loves the adversarial nature of the work and really digs in to present credible, cogent analyses that move the needle. He worked with Ryan Sullivan at Intensity before establishing Insight Economics in 2017. Multi-disciplinary expert Bruce McFarlane began his career as a financial consultant in 1985 and has since testified scores of times in many different contexts, including patent infringement – the type of wrongful conduct he now focuses on. He practises at LitiNomics alongside Michael Wagner, a senior adviser who has amassed incredible trial experience and written extensively on patent damages and expert witnessing more broadly. Paul K Meyer and John L Hansen are co-founders of TM Financial Forensics and serve as president and vice president respectively. Meyer has analysed damages in a kaleidoscopic range of industries and technology areas, and is perfectly poised as a testifier; he has handled some of the largest-ever patent and copyright trials. Hansen’s is a familiar face in all forums, including the ITC, and can tease out all financial and economic impacts arising from IP infringement – whatever case you bring him, he is good to go. Mark A Peterson is extremely well rounded, having testified on so many issues over the course of an illustrious 30-year career. The top IP strategist and licensing professional serves as CEO of Robinwood Consulting, the boutique he founded in 1994. “Jon Putnam’s analytical skills are peerless, as is his ability to articulate concepts in a persuasive and comprehensible way.” “One of, if not the smartest damages experts in the country, he has an incredible ability to process large quantities of complex data. His knowledge of standard-essential patents is particularly outstanding.” The “thorough and credible testifier” runs an “amazingly dedicated, hardworking and talented” team at Competition Dynamics. Mohan Rao and Thomas Vander Veen practise at Epsilon Economics, an organisation that provides high-calibre, 360-degree IP strategy, valuation and litigation support. Rao knows all about the biotechnology business, having served as CEO of a therapeutics company. A “great communicator with a sound approach”, firm president Vander Veen also has encyclopaedic knowledge of the life sciences; he is also respected for his ITC expertise. Maintaining a dynamic practice at StoneTurn are Houstonians Alan Ratliff and Ambreen Salters. Ratliff is a rare breed of financial consultant, having also served as a law clerk and as an attorney; litigators find him easy to work with, because he knows where they’re coming from. In court, he’s unflappable and presents his theories in a clear, consistent and relatable manner. So too Salters, who focuses on intellectual property as part of a broader commercial disputes practice. Brett Reed has been on the economic consulting scene for nearly four decades, most of which he has spent getting into the thick of major, out-of-the-ordinary patent matters. The popular veteran is always on the go in district courts, the ITC and arbitration forums all the time, and draws on the excellent team he manages at Competition Economics. “A leading and respected damages expert”, microeconomics maestro Chris Vellturo delivers crisp analyses in IP valuation and damages assessment scenarios at Quantitative Economic Solutions; he is also an authority on competition issues.

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