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Senior Managing Director at FTI Consulting Inc
Brian Napper is a senior managing director at FTI Consulting in San Francisco and leads FTI’s global IP practice. He was formerly the global principal in charge of Deloitte’s IP practice.
Mr Napper has more than 30 years’ experience in the evaluation and quantification of economic damages arising from patent, copyright and trademark infringement and trade secret misappropriation disputes. He has provided testimony for federal and state courts, governmental agencies and numerous international arbitration panels (including the International Chamber of Commerce) in more than 50 trials on issues of infringement damages, licensing disputes, tort damages and setting FRAND rates. Mr Napper was the damages expert in many high-profile matters that have assisted in shaping the patent damages landscape, including Lucent v Gateway and Uniloc v Microsoft. His experience spans numerous industries including telecoms, semiconductors, software, pharmaceuticals, medical devices and social media.
Mr Napper has a significant IP and international arbitration practice in Europe. He was appointed by the European Commission as a subject matter monitor to assess whether certain licensing activities of an IP rights holder are consistent with a FRAND framework, including negotiation timing behaviour and agreed-upon rates. The term of this appointment is 10 years.
Mr Napper also provides IP valuation, strategy and advisory consulting services to private equity companies in connection with spin-outs, mergers and equity and debt investments.
Mr Napper is a frequent guest lecturer on the topic of patent damages for a number of law schools, including New York University, Catholic University, Northwestern University and the National Chiao Tung University School of Law. Mr Napper has been a frequent faculty member of the University College London/Taylor Wessing conference on standards, FRAND, damages and injunctions. The conference, headed by Sir Robin Jacob (formerly lord justice of appeal, Court of Appeal of England and Wales), held in London and Washington DC, involves serving on panels with Judge Robart, Judge Crabbe, Judge Selna and former Chief Judge Rader of the Federal Circuit Court of Appeals.