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Founded by one of the pre-eminent economics and business minds in the United States, David 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.
Berkeley Research Group (BRG) is a global consulting firm that helps leading organisations advance in three key areas: disputes and investigations, corporate finance, and strategy and operations. We have over 1,200 professionals worldwide who provide independent and objective economic analyses, litigation support and expert testimony on prominent litigation cases in court proceedings, arbitrations and mediations, and before governmental agencies.
BRG’s IP practice is led by Chicago managing director Jeff Stec. Our experts excel in advising clients on how effectively to develop, manage, value, monetise and protect their intangible assets in the face of high-stakes litigation, important strategic decisions, business transactions, structured finance, commercialisation, wrongful transfer of assets and/or compliance issues. Our experts’ experience in litigation covers a wide range of IP disputes, including allegations of patent, copyright and trademark infringement, and theft of trade secrets. Our experts regularly testify on damages, injunctions, irreparable harm and commercial success. They also deal with the IP aspects of tax and international trade disputes, as well as breaches of contract and technology agreements.
Our experts have worked on some of the world’s largest patent infringement, trade secret misappropriation and copyright infringement cases for both plaintiffs and defendants. They have special experience and expertise in issues raised when patents must be practised to comply with technical standards and on matters involving intellectual property and antitrust.
What we do
Our experts advise our clients on how effectively to develop and realise the value of their intangible assets through the execution of IP strategies, which includes the assessment and valuation of their intellectual property. Our experts have a wealth of IP valuation and IP strategy experience across a wide range of industries and technology areas.
Our experts also advise on all stages of litigation, including the development of quantitative financial models related to lost profit and reasonable royalty damages, prejudgment interest and competitive aspects of relevant markets. They frequently deliver testimony on these issues in federal and state courts, before the US International Trade Commission (ITC), Copyright Royalty Board, Federal Trade Commission, as well as other government organisations, and before domestic and international arbitration panels.
Our services include:
- asset management and valuation;
- assessment of economic harm or damages from infringement or misappropriation;
- evaluation of economic factors related to injunctions;
- development of strategic licensing programmes and market intelligence;
- definition of relevant IP and antitrust markets;
- misuse and antitrust claims related to intellectual property;
- price erosion and suppression claims;
- royalty audits and compliance;
- transfer pricing;
- ITC Section 337 matters;
- royalties and economic impact of RAND and FRAND commitments;
- evaluation of commercial success;
- economic significance of Hatch-Waxman settlements; and
- irreparable harm analyses.
BRG experts provided testimony on damages in The California Institute of Technology v Broadcom Limited, in which a California federal jury found that Apple and Broadcom infringed three California Institute of Technology (Caltech) error-correction coding data transmission patents in Wi-Fi chips used in hundreds of millions of iPhones and other devices. The jury awarded the university approximately $1.1 billion in damages. On behalf of Caltech, BRG experts David Teece and Cathy Lawton provided expert testimony on damages.
In Apple Inc v Wi-LAN Inc, BRG’s David Kennedy was the expert for Wi-LAN. The trial resolved damages for Apple’s infringement of two Wi-LAN patents related to voice call quality, upload speed and download speed for Apple iPhone LTE capability with Mr Kennedy opining, and the jury awarding, the appropriate damages for sales of infringing units through August 2018 was $85 million.
In Apple v Qualcomm in the US District Court for the Southern District of California, BRG experts provided analysis of liability issues in antitrust litigation related to SEP licensing.
Global Competition Review has ranked BRG as a top 20 competition economics firm in the world in the GCR 100: Economics 20. Chambers ranked BRG as a “Band 1 Firm” in its 2020 Litigation Support guide. The firm also has numerous experts listed in Who’s Who Legal (WWL) and WWL has recognised BRG as one of the world’s top 15 consulting experts’ firms, noting BRG “boasts a high level understanding of economics, finance, statistics, public policy, and business strategy”. In addition, Forbes named BRG as one of “America’s Best Management Consulting Firms” in 2021.