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The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Chemicals industry. Representative intellectual property engagements are described below:
Prepared damage estimate used in settlement through creation of preliminary assessment of harm due to defendant's alleged infringement of chemical patents covering methods for digital printing and creation of digital printing plates. Damage assessment included consideration of lost profits, price erosion, lost profits on convoyed sales and reasonable royalties.
Assisted plaintiffs in patent infringement matter involving a process used to coat glass with chemicals that increased the emissivity of the glass. Issues addressed included lost profits and reasonable royalties.
Provided a preliminary assessment of the market value of current and potential future products utilizing patented antifouling chemical process.
Engaged by counsel to determine losses incurred by manufacturer of backflow prevention devices due to patent infringement by a competitor. Analysis included lost profits on patented devices and part sales along with reasonable royalty assessment
For a specialty chemical manufacturer, developed estimate of economic damages arising from infringement of a patent related to small-size electroluminescent phosphor technology.
For a major petrochemical company, developed estimate of economic damages arising from infringement of patented polymer isomerization technology (process patent and composition of matter patent) relating to paraxylene. Analysis included an economic perspective of the paraxylene (PX) and purified terephthalic acid (PTA) markets, demand factors affecting the market defendant's business strategy and the calculation of the economic benefits realized by defendant as a result of using plaintiff's technology, including manufacturing cost savings at three plants, avoidance of building additional plants and avoidance of catalyst carrying cost.
Developed the underlying financial analysis and resulting damages model related to a patent infringement case involving the use of certain metallocene-based catalysts in the manufacture of polyethylene and other products. Analysis included a review of both parties’ business projections, an analysis of manufacturing components at selected chemical plants and other related financial information dealing with valuation of technology transfers.
Assisted a global energy company and a petrochemical manufacturing company in their defense of a patent infringement suit involving a guard bed used in the manufacture of acetic acid.
Assisted multi-billion dollar chemical company in defending a claim that it had violated a license agreement allowing the company to employ a patented process to make plastics used for objects subject to intense heat. The analysis involved reviewing the company's production and sales records to calculate the royalty amount due under various up-front and running royalty scenarios.
Retained by the defendant in an infringement matter involving patents covering the application of a chemical to potatoes in long term storage to prevent sprouting. Analysis included rebutting a lost profits claim proffered by the plaintiff, interviewing various potato farmers, distributors, chemical applicators and determining patent design around costs.
Assisted in a financial analysis and resulting damages model related to a patent infringement case involving the use of certain metallocene-based catalysts in the manufacture of polyethylene and other products. Analysis included a review business projections and other related financial information dealing with valuation of technology transfers.
Calculated lost profits, price erosion and reasonable royalty damages related to high purity chemicals and high purity chemical delivery systems used in the semiconductor manufacturing process.
Evaluated plaintiffs’ claimed damages against a manufacturer of specialty chemicals for golf courses accused of wrongfully soliciting employees and misappropriating trade secrets from a competitor. Analysis included examination of the sales performance of the employees that had left the plaintiff for the defendant with the sales performance of the employees that replaced them.
For a larger maker of semiconductor equipment that licensed a patent related to chemical vapor deposition to another maker of semiconductor equipment, we performed a royalty audit. Following litigation, the two companies negotiated a settlement agreement, which included a license for the technology.
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