Berkeley Research Group
Berkeley Research Group describes itself as “an integrated group of diverse practitioners” – in practice, how do you strike the balance between so many different experts and yet still pull together as a team?
We are a consulting firm rooted in connection. For us, great things happen when economists and data scientists join forces with industry leaders, and when visionary theories are paired with real-world expertise and proven methodologies rooted in deep technical and industry experience. Connected across disciplines, offices and borders, we work together as one coordinated firm. Our flexible structure gives our clients access to lean, purpose-built teams specifically designed with their needs in mind.
How does the firm help its experts stay on the cutting edge of legal and market developments?
Information is part of our DNA. Using the latest data-analysis tools, including our proprietary technology, and tried-and-true research methodologies, we assess every situation through a fact-based, detail-oriented lens.
What changes have you observed in patent litigation over the last five years and what impact has this had on the way that the firm handles cases?
Patent litigation funding has become more prevalent. Hundreds of millions of dollars in investment capital have poured into the patent litigation marketplace. Current litigation funding allows patent monetisation entities to attract higher-quality patent assets from operating companies through both acquisition and sharing arrangements with operating companies. Investors in patent assets understand that the high-potential rewards require significant patience. Large district court case damages awards are almost always appealed, adding the risk of delayed proceeds and potential reversal or retrial. As a result, we often are working for or against investment funds that have the financial wherewithal to fully fund a thorough damages analysis — often multiple approaches. In many cases, multiple experts from our firm contribute to a number of different damages approaches.
Berkeley Research Group has been recognised with a slew of different awards – what is the secret of your success?
We are a deeply data-driven organisation. We take a rigorous approach to uncovering the insights that matter for our clients. We also bring the right balance of creative and pragmatic thinking to the work that we do. Finally, a deep spirit of independence underlies everything we do, from the type of work we take on, to how we approach our client relationships. As a firm, we are committed to acting with integrity, providing objective insights and challenging status quo thinking when the situation calls for it.
The firm has an open commitment to diversity and inclusion – how is this fostered on a day-to-day basis?
BRG is focused on developing and retaining a workforce and leadership team that is more representative of minority and diverse backgrounds, and building a more inclusive culture. One way that we are fostering this commitment is through the creation and support of our employee resource groups to provide open forums for employees who share a common identity, background or interest to meet and support each other, and by providing continuous training and resources..
How have client demands changed over the last decade and what impact has this had on the services offered by the firm?
Client demands have changed along with the significant changes in the IP marketplace. High-level rules of thumb and general market segment royalty rates are no longer acceptable for determining IP value. The courts and clients require a rigorous approach to arriving at the value of intellectual property. The evolution of IP valuation involves a broad range of skills within our firm. It also requires collaborating with experts in different fields to determine the true value of intellectual property and/or helping clients to establish reasonable royalty rates that will be accepted by the marketplace.
Given that Berkeley Research Group has offices all around the world, how are you able to share expertise and disseminate learning?
We operate without internal silos or boundaries, harnessing the power of our collective knowledge to reach the insights and strategies that make a difference for our clients. We actively integrate our diverse knowledge, methodologies and approaches across the firm to enrich our own thinking and ensure that we forge the kind of impactful connections that make a difference for our clients.
What changes have been introduced in response to remote working necessitated by the pandemic – and are any of these likely to remain in place?
During the pandemic, BRG pivoted quickly to a virtual environment, facilitating and optimising our practitioners’
use of technology and tools to participate in video meetings, remote depositions, trials and arbitrations. The market is showing that remote proceedings will continue in some capacity. Our external marketing and business development efforts have shifted to focus on virtual event offerings, including educational webinars, industry conferences and networking opportunities for our clients.
How do you expect the IP monetisation scene to evolve over the next five years?
We expect to see a continued significant inflow of capital into the IP marketplace. Many companies are offloading patent assets and enforcement to entities that are willing to finance the high cost of enforcement and have attracted a team of IP professionals experienced in licensing. We also believe that the amount of technical, legal and financial due diligence by companies is increasing and will continue to increase significantly; as a result, the quality of assets in the IP monetisation market will increase.
What does excellent leadership look like at Berkeley Research Group?
Since its founding in 2010, BRG has been entrepreneurial, collaborative and transparent, supported by a strong infrastructure. We have experienced extraordinary growth since our founding, and as we continue on this positive trajectory, we strive to take advantage of the opportunities ahead with the same entrepreneurial spirit and dynamic outlook that have brought us to where we are today.