Joshua Lathrop

Ranked in United States: Expert witnesses
IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

Recommended - Economic experts

“Berkeley Research Group is a go-to for all aspects of patent valuation, from licensing and acquisition strategy to damages theories and economic assessments. It has ample bench strength, and the quality of its patent damages team is outstanding; they have shown noted strength in crafting economically rigorous theories that have fared well in Daubert proceedings and in jury trials. The team are responsive, professional and provide overall great support.” Adept at analysing highly complex matters, co-founder and leader of the firm David Teece is a distinguished and prominent academic. Leader of the group’s IP practice, Jeffery Stec brings wisdom distilled from two decades in the game to deliver a high-quality service as a consulting expert and expert witness. Stec also has experience in the context of Section 337, as does Joshua Lathrop. Lathrop brings sophisticated expertise carefully refined from his preparation of expert analyses in more than 90 litigation and arbitration matters; he has recently linked up with the eminent Catharine Lawton on a case relating to MoCA functionality used in cable set-top boxes. Clients are especially effusive in their praise of Lawton: “Catharine is the most impressive expert witness out there. She is proactive, exceedingly thorough and detail oriented. Her reports are comprehensive and her demeanour as a witness is professional and unflappable. She has an amazing memory for detail, an exceedingly high work ethic, and the ability to take all the information that she has researched and present it in a well-conceived, logical opinion.” David Kennedy and Rebbecca Reed-Arthurs make their IAM Patent 1000 debuts this year. Kennedy can be found masterminding IP-related transactions and patent portfolio valuations. Reed-Arthurs earns glowing praise from one source: “Rebbecca excels in mastering voluminous data and understanding the complicated environments present in patent litigation. She is a credible testifier who brings both gravity and dynamism to the courtroom, with a special touch to hold the interest of the jury. Because Rebbecca has such a strong command of her reports and underlying documents, cross-examinations of her come off as non-events. She is also a delight to work with and is always timely with deadlines and meeting expectations.” Recently joining the team from Ankura Consulting, Walter Vandaele is a big-picture thinker with sharp analytical skills.

Joshua Lathrop's Profile

Joshua Lathrop provides expert financial and economic consulting services to parties in IP disputes. He is routinely involved in litigation and arbitration matters before federal and state courts, arbitral bodies and the US International Trade Commission. Mr Lathrop regularly testifies at depositions and hearings. His experience includes determining damages due to patent, trade dress and trademark infringement, such as reasonable royalties, comparable licences, lost profits and accounting of profits; and the economic prong of the domestic industry requirement under Section 337.

In other corporate consulting matters, Mr Lathrop has valued intangible assets in the chemicals industry, developed strategies to lower overall IP input costs in the game console industry, and analysed compliance under royalty and profit-sharing agreements between major media entities.

Mr Lathrop has lectured on IP damages, Section 337 topics and quantitative methods, and has acted as an arbitrator in fee disputes before the DC Bar Attorney/Client Arbitration Board. Mr Lathrop holds a BA in economics from William & Mary (summa cum laude, Phi Beta Kappa) and an MBA from the University of Virginia. His career began at PwC. Mr Lathrop has practised with BRG for over a decade.

 

Firm Profile

Berkeley Research Group (BRG) is a global consulting firm that helps leading organisations advance in three key areas: disputes and investigations, corporate finance, and performance improvement and advisory. 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.

We are an integrated group of experts, industry leaders, academics, data scientists and professionals who work seamlessly across borders and disciplines, harnessing our collective capabilities to provide the inspired insights and practical strategies our clients need to stay ahead of what’s next.

The idea of intelligence that works – delivering great ideas, ensuring that our recommendations are practically executable, and helping clients advance – drives all that we do, from the way we work with our clients to the way we operate internally.

We maintain an unwavering commitment to providing objective and straightforward advice –and a willingness to challenge assumptions. Our clients know they can count on us for the honest insights they need to advance in an ever-evolving business landscape.

IP overview

BRG’s IP practice is led by managing director Jeffery A 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;
  • survey design, execution and analyses;
  • economic significance of Hatch-Waxman settlements; and
  • irreparable harm analyses. 

Unlock unlimited access to all IAM content