United States: Expert witnesses

Analysis Group 

Of Analysis Group, one IAM Patent 1000 gold-ranked litigator comments: “I frequently use its economic experts for substantial, high-profile cases and have been doing so for more than 20 years. I find them to be thorough, reliable and efficient.” Another top trial lawyer adds: “I recommend it without hesitation to clients, especially when analysis is required in extremely complex settings. Its opinions in patent damages and antitrust matters can be relied on completely.” A powerhouse consultancy – it has more than 1,000 professionals on deck across North America, Europe and Asia – it has outstanding IP credentials and a superlative track record across district courts, the ITC and arbitral forums. The firm is distinguished not only by the depth of its bench – including the high-quality affiliated experts with which it works – but also by its collaborative approach: the lack of hierarchy in the IP group gives everyone a voice, which improves the flow of ideas and leads to better results. Leading lights include John Jarosz, described as “simply the best” by the individual whose comments open this write-up; senior adviser Keith R Ugone, who has testified extensively across many industries and in challenging matters involving SEPs; and Carla S Mulhern, who is prized for her ITC know-how, blend of litigation and valuation skills, and complete composure. They make their return to the rankings this year alongside Laura B Stamm, a Boston-based affiliated expert who speaks with authority on the subject of lost profits; Jeffrey H Kinrich, who is distinguished by his trans-IP experience and well-roundedness as an economic expert; Robert Vigil, a go-to for pharmaceutical cases (and many others) with a flair for damages assessment, IP valuation and licensing; Christopher Borek, who has a gift for giving relatable testimony that dispels doubt and resonates in court; and Justin McLean, who is brilliant at trial and a valuable partner – and inspiring team leader – from start to finish of litigation. Joining them in the guide are Lauren Kindler and Minh Doan, both vice presidents with wide-ranging IP, commercial and antitrust experience. Kindler, who has niche insight on FRAND royalty rates, recently took point on damages in a trial involving media streaming technology. Doan “grasps the details of the most convoluted matters quickly and conducts creative analyses that are grounded in a strong understanding of the law on patent damages. Calm, poised, pleasant and professional – and firm without being disagreeable – she is delightful to work with”.

Ankura Consulting Group, LLC 

This premier business advisory firm has significantly bolstered its IP disputes and consulting practice in recent years, giving it great momentum. Those it has recruited embody the testifying expertise, team-oriented approach and creativity for which Ankura is known and admired. The addition of Michael Lasinski, Kevin Arst and Philip W Kline at the start of 2020 brought top-tier proficiency in FRAND matters to the group, giving it a valuable advantage in a market in which increased inter-operability of technology is giving rise to more frequent and complex standardisation issues. Lasinski navigates these masterfully on a global basis; as do Arst and Kline, both excellent testifiers, licensing sages and all-round IP strategists. The latter description is also perfectly fitting for senior managing director David Yurkerwich: he has given expert testimony in high-exposure patent infringement and business disputes on dozens of occasions, but also deploys as a deal negotiator and portfolio adviser. Walter Vandaele – with whom Yurkerwich practised at Navigant Consulting prior to joining Ankura – is the resident pharmaceutical and biotechnology whizz, though has broad industry horizons. Patent litigation is an important component of his extremely diverse practice and an area in which he has developed several specialist subjects, such as the analysis of issues related to the granting of preliminary injunctions.

Berkeley Research Group, LLC 

Founded by one of the pre-eminent economics and business minds in the United States, David J Teece, Berkeley Research Group is a repository of trust for many. Its experts seamlessly collaborate with trial counsel, but approach their damages and economic analysis work with scrupulous independence in a way that significantly enhances their credibility in the courtroom; the group’s policy agnosticism elevates this further. Extensive behind-the-scenes teamwork means that each expert comes to the stand well prepared and with a 360-degree understanding of the issues; the instruction might go to Jeffery Stec, William Kerr, Catharine M Lawton or Joshua Lathrop, for example, but each will informally seek the others’ input to broaden their perspective. Stec helps to instil this beneficial approach as captain of the IP practice and co-head of economics and damages. He has addressed the widest range of economic issues in the context of IP infringements; as has Kerr, a thought leader whose writings on IP damages have illuminated pathways for many grappling with this complex subject. One of the ensemble’s elite testifying experts – and one of the best on the market – Lawton is never less than utterly impressive, given her command of the industries in which she works, her commercial acumen and her thoroughness. Lathrop is a great fit for ITC matters, having addressed the economic issues arising in Section 337 investigations on numerous occasions; he’s also a great match for any IP case anywhere.

Charles River Associates 

Among consulting firms, CRA is virtually unrivalled in terms of its depth in intellectual property: those looking to it for expert testimony and analysis in patent and other IP suits have their choice of some 100-plus professionals who have done themselves and their clients proud in complex and high-stakes infringement disputes. They bring industry knowledge along with comprehensive economics, finance, accounting and business strategy know-how to each courtroom engagement, drawing judiciously on their transactions and valuation experience. The organisation also derives strength from close integration of its IP, competition, finance and transfer pricing practices, which helps it to address intersectional issues with maturity. Front and centre is Daniel M McGavock, whose vast experience in litigation and non-litigation contexts gives him high-level strategic and business insight. As a testifying expert, he works with exceptional efficiency. Two of the best-known CRA experts alongside McGavock are Michael Tate and Raymond Sims, who have chalked up nearly seven decades in the game between them. Tate analyses the densest financial data with crystal clarity to emerge with accurate damages calculations. A veteran of more than 70 trials, the tried-and-tested Sims always come through with flying colours. Christopher Gerardi and Gregory K Leonard are likewise heavyweights with sterling reputations. Gerardi can pinpoint exactly where the law stands on patent damages at any time, so his theories never lag the market. Leonard is steeped in antitrust and IP law and a leading authority on their intersection; as is Anne Layne-Farrar, who is further distinguished by her global perspective. The organisation is well placed for life sciences mandates, the main draw here being Gregory Bell. He regularly appears as an expert witness in US and international proceedings, but plays a much wider role for clients as a business strategist. Robert Maness has a pharmaceutical research background and knows the industry inside out, too. Like their colleagues, Kimberly J Schenk and Sean Sheridan aren’t limited by sector, but have also handled weighty pharmaceutical and biotechnology cases. They both have a flair for IP valuation; as do James J Donohue and transactional ace Christopher J Bokhart.

Davis & Hosfield Consulting LLC

Intellectual property is a central pillar of Chicago-based Davis & Hosfield’s wider litigation and dispute resolution-focused consulting practice. The team submits thorough expert reports and provides testimony encompassing all kinds of financial and economic analyses in all kinds of IP claims, so nothing can throw it off its game. The marquee name is Julie Davis, an absolute master of her craft who has achieved great things throughout her long and illustrious career. Her IP knowledge is incredibly rich, making her ideally placed not only for contentious work, but also for consulting around portfolio optimisation. Her fellow principals are Mark Hosfield and Melissa Bennis, both of whom have broad business and IP disputes practices. Directors Sara Rinke and Michael Jeffords also come highly recommended.

Duff & Phelps LLC, a Kroll business  

A leading global advisory firm with a loyal following of Fortune 100 companies, Duff & Phelps – which is in the process of transitioning the company name to Kroll – conducts razor-sharp IP analyses, demonstrates acute awareness of technology industry trends and developments, and presents with polish. These attributes serve it well on all manner of patent assignments, but especially the provision of expert testimony. Outstanding leadership is supplied by Christopher Bakewell, a Houston-based managing director and the global head of intellectual property. Top trial firms hold him in the highest esteem and call on him in cases marked by deep complexities. Chicago’s Julia Rowe is another font of wisdom on patent damages but, like Bakewell, is so much more; her valuation and licensing skills are unerringly on point.

FTI Consulting Inc 

You won’t find a weak spot in FTI’s business advisory practice, which is especially impressive considering its globality and diversity. In intellectual property, it fields high-calibre professionals in North America, Europe, Africa and Asia-Pacific, who collectively provide a comprehensive suite of services across all phases of the innovation process. Zooming in on its contingent of US experts, the team does a tremendous job in litigation with respect to its focused damages and economic analysis role, while also helping to guide strategy from the start of a case to its finish. Co-leader of the IP group Dawn Hall is highly appreciated by attorneys for this; as is Carrie Distler, a pharmaceutical doyenne who leverages licensing and case management expertise to add value. Both shine at trial; as do colleagues Vincent Thomas, Daniel J Slottje and Stephen D Prowse. Called on in district courts nationwide and in the ITC, Thomas provides testimony that is never less than accurate and compelling. He has exceptional credentials and is a certified licensing professional and valuation analyst. A prolific author on economics, PhD Slottje brings sophisticated knowledge to every engagement. Prowse also has a PhD and speaks with authority on damages arising in IP, antitrust and securities disputes.

Intensity, LLC 

High-stakes commercial and patent litigation is meat and drink to Intensity, which is distinguished by its incredible work ethic, responsiveness, timely delivery and quality of output. There’s no shortage of exciting developments at the firm, which reflect its dynamism in the market: one notable item on the newsreel in early 2021 was the addition of former CRA vice president Steven Schwartz, who joined as a managing director, based in Dallas. A touchstone economic consultant for nearly four decades, Schwartz has testified extensively and in many forums, with a concentration on intellectual property. Intensity is executing superbly on its growth vision, with Schwartz’s arrival one of several which have given the firm an enhanced national presence. March 2021 also saw it announce the acquisition of Eurekanomics, bringing more PhD professionals into the fold and giving it a presence in the Bay Area. In terms of case highlights, meanwhile, they don’t get better than providing testimony on behalf VLSI Technology in its March 2021 patent litigation victory over Intel, resulting in a jury award of $2.175 billion. Ryan Sullivan worked with formidable trial firm Irell & Manella to secure this monumental outcome. Sullivan is the president of Intensity and the man behind its rapid ascent: as his results record attests, he is also a dynamite testifier. With him at the firm since its beginnings in 2014, Aminta Raffalovich also undertakes her expert analysis work with perfect exactitude. She has profound knowledge of the economics of technology and applies this to great effect in patent cases arising in many theatres of innovation. Richard Brady is in his element in disputes involving cutting-edge life sciences developments.

IPFC Corp

IPFC’s experts are in the thick of US patent litigation and are regularly selected to provide opinions and testimony in high-profile cases arising in all technology-intensive industries. Not only recommended for their resonant performances in court, they also provide fulsome support to lawyers in developing case strategies and preparing for trial. They also stand out for the depth of their experience and the gravitas that comes with it – particularly firm president Todd Schoettelkotte, who is undoubtedly one of the most respected names in the business. A go-to for district court litigation and ITC matters, he sets the standard not just for the group, but for the entire market in terms of dedication, attention to detail and client service. Fellow managing directors Bryan Van Uden and Daniel Lindsay put in their all, too. Armed with a well-rounded litigation, licensing and valuation skillset, Van Uden is a rock for clients. Hands-on throughout the litigation process, he can also be counted on to deliver on the stand. In modelling damages, Lindsay does a more precise job than many, thanks to a keen eye for relevant information that others often miss. Senior adviser James Nawrocki dispenses worldly wisdom from a high vantage point that a career spanning nearly 40 years has given him.

Ocean Tomo LLC

A reference for innovative companies, law firms, governments and investors, the “trend-setting” Ocean Tomo lives and breathes intellectual property, and is perfectly adapted to assist with IP valuation, strategic planning, risk management, transactional and litigation assignments. For expert testimony in big-ticket cases, you’d be hard pressed to find better than CEO James Malackowski. Sources call him a “world-class strategist with many IP firsts on his résumé” and a “fantastic damages expert, from case assessment and strategy to expert reporting and trial testimony”. “Brilliant in cross-examination and incredibly quick on his feet, Jim has a complete understanding not just of damages aspects, but of his cases in their entirety. He always delivers the best possible results based on the facts of the case – results which are often better than you ever expected.” He founded the firm with fellow Chicagoan Andrew Carter, who leads the expert services group. He has supported some of the largest damages awards in patent litigation and testified a great many times the length and breadth of the country. Like Malackowski, he has a cultivated knowledge of IP licensing, strategy and litigation. Making his debut in the guide this year, Michael Milani is enthusiastically praised: “Mike is an integral part of trial teams and far more than just a numbers guy. He’s an exceptional problem solver who can brainstorm solutions where it seems data doesn’t exist to answer a question. He predicts criticisms from opposing parties and creates smart theories to proactively address them.” He earns commendation for his understanding of the domestic industry requirement at the ITC – a forum in which Shirley Webster also shines. A willing leader, Cate Elsten flies the firm’s flag high on the West Coast. She’s a well-rounded accounting, marketing and finance expert whose mind is highly attuned to business.

Stout 

Stout’s integration of valuation, damages and compliance professionals with investment bankers and technical experts underpins its 360-degree proficiency in intellectual property, which is its defining edge. Central to its practice is the provision of testimony in IP litigation, with its multi-disciplinary setup enabling it to provide all-embracing support to trial teams as needed. The group has grown in significant ways in the past year, with the addition of Dana Trexler in June 2020 and of Mitch Rosenfeld one month later. Philadelphia-based Trexler emphasises disputes in his practice, and has engaged in complex patent and other IP infringement matters and provided testimony in court on many occasions. Rosenfeld has a more transactions and advisory-focused role and understands all aspects of patenting, which serves him well when he is called on for litigation. They are members of a collaborative, well-resourced team that includes David Haas, John Bone and Scott Weingust in Chicago; and Michele Riley and Stephen Holzen in DC. Haas captains the IP practice with aplomb and draws from a deep well of knowledge accumulated over the course of 30-plus years; he has the trial lawyer’s ability of being able to simplify the complex for the benefit of laypeople. At the same level in terms of experience, Bone is masterful in the context of conflicts involving SEPs. Weingust takes the reins of the valuation practice and, as a seasoned testifier, is also integral in the success of the disputes, compliance and investigations group. Riley is an innovator, educator and damages expert par excellence; while Holzen has brought his insight to bear in the ITC and PTAB, along with many federal and state courts, and is one of the few, if not the only individual recommended in this section with a patent examining background at the USPTO.

Other recommended experts

Justin Blok and Walt Bratic are eminent names at Whitley Penn. Laser focused on quality, they deliver with a consistency that engenders trust – law firms know what they will get from the pair and appreciate their availability and involvement in the lead-up to trial and at trial. Their mission is to make life easier for those instructing them. Blok heads the firm’s forensic, litigation and valuation practice. A veteran of 50 trials – including many patent infringement and trade secret misappropriation cases – Thomas Britven has perfected the art of providing credible expert testimony. The ASQ Consulting president is a licensing authority and assured all-round strategic business adviser. Elvir Causevic is the founder of Tech+IP Capital, a boutique investment bank with a focus on IP transactions. He’s a polished financial expert witness with some big wins to his name and an influential figure in the technology world with a reputation as an innovator. Michael Dansky cut the ribbon on Intellectual Property Strategies in January 2021, making it the new destination for first-class licensing, transactions and litigation know-how. Respected the world over for his corporate experience, IP problem-solving abilities, mentorship, strategic nous and results record, Dansky shoulders a huge load for clients, which he never lets down when the stakes are at their highest. Stephen E Dell of Novum Consulting Group maintains up-to-the-minute knowledge of developments in patent damages law, giving his valuations and theories added impact when he presents them in court – something he does in assured fashion. His facility for licensing and IP monetisation enhances his understanding of patent value. BDO has a compact IP litigation group, but with David Duski on deck, it’s a super one. He stays true to the facts of his cases while working within the framework provided by the latest damages-specific legal authorities, and partners closely with clients and their counsel to get to the right answers. He has recently provided consulting and expert witness services in actions in the consumer products, pharmaceutical and agricultural equipment sectors. One of the market’s rising stars, Mickey Ferri of Insight Economics earns his debut in the IAM Patent 1000 for 2021. An academic high achiever with real-world business insight and multiple litigations under his belt, he never fails to impress. He and DeForest McDuff have been retained by top firm Fish & Richardson on several occasions, including recently in proceedings for Finjan involving allegations of infringement of patents relating to cybersecurity technologies. McDuff has helped to shape patent law with respect to blocking patents, his testimony having proved instrumental in the Acorda case decided at the Federal Circuit in 2018. He continues to handle numerous pharmaceutical suits and has conducted economic analysis of alleged patent infringement relating to drugs for opioid treatment on behalf of Actavis Pharma and others, under instruction from Winston & Strawn; he linked up with Ferri on this one, too. Philip Green is a go-to for expert testimony in life sciences, computer hardware and software and consumer products disputes. He’s not someone who parachutes in at the last minute, but a vital partner throughout all phases of a case; at trial, he brings his economic analysis to life in persuasive ways. He consults at Hoffman Alvary, which was founded by IP doyen Creighton Hoffman. A marquee name in Texas, Lance E Gunderson of Echelon Analytics assists in licensing negotiations, market opportunity spotting, patent valuations and infringement litigation, creating value for clients in so many ways. His broad strategic IP and industry knowledge underpins his confident performances at trial. For innovators in the high-technology and medical industries, Doug Kidder of OSKR is a discerning choice. He testifies on damages from a position of authority, given his rich business and industry experience. Cornerstone Research senior vice president Matthew Lynde has given testimony in many forums in the US and overseas on important patent matters with significant industry ramifications, and has an excellent track record to show for it. He is noted for his command of FRAND royalties. TM Financial Forensics puts equal emphasis on rigour and quality both in its business and disputes consulting work and in its client service, the hallmarks of which are speed, responsiveness and collaboration. The firm was co-founded by Paul K Meyer, an esteemed professor with over 35 years of consulting experience. He knows his role at trial perfectly and has delivered on the money in high-value cases. Colleague John L Hansen is a preferred choice for ITC matters, having addressed the economic prong of the domestic industry requirement, among other Section 337 issues, on numerous occasions. Wherever he is needed, he comes up trumps. Utterly dependable, Mark Peterson acquits himself with distinction as an economic expert in litigation contexts, particularly those which call for high-calibre licensing skills. He is the CEO of Chicago-based Robinwood Consulting, a well-established and highly specialised IP valuation, licensing and damages firm. Eminent academic and professional Jon Putnam is recognised as a leading light on SEP issues and on IP damages more broadly. Having handled numerous cases valued at over $1 billion, he is in his element when the stakes are high, the analysis complex and the requisite presentation persuasive. He founded Competition Dynamics. Mohan Rao and Thomas Vander Veen have key specialisms that put them at the centre of US patent litigation: Rao has a profound understanding of the biotechnology industry and performs adroitly in life sciences cases; while Vander Veen is a familiar face at the ITC. Alan Ratliff assembles and leads bespoke groups of professionals at StoneTurn to carry out IP assignments, including disputes and transactions; he delegates appropriately while also remaining hands-on. The client service of this team player and ‘people person’ is never less than fully satisfying; so too the results he achieves. Another contact point in the firm’s Houston office is Ambreen Salters, who has extensive experience in commercial disputes and IP cases of all kinds. Her testimony, underpinned by sophisticated and thorough analysis, always gets the job done. Patents have been a key emphasis for Competition Economics consultant Brett Reed throughout his long career. Attorneys turn to him when there are brain benders to untangle – he deals with complexity well and can cut through it quickly and efficiently, which helps with budgets, too. He always strikes the right tone on the stand. Litinomics senior adviser Michael Wagner may be the most trial-seasoned expert witness in the IAM Patent 1000, having testified on 130 occasions in a wide variety of cases, including many relating to patent infringement. Chris Vellturo is a big name in the expert consulting profession and an authority on matters at the intersection of intellectual property and competition law. He is the president of Quantitative Economic Solutions.

Economic experts