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Computer Hardware
The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Computer Hardware industry. Representative intellectual property engagements are described below:
FTI was retained by counsel for five Taiwanese companies to assess potential patent infringement damages related to the manufacture and distribution of computer motherboards. The plaintiff in the matter alleged infringement of multiple patents covering an array of technologies. The analysis required a consideration of the factors unique to each defendant and the macroeconomic issues common to all parties. We performed detailed license evaluations to establish the economic impact of industry cross-licensing practices and stacking royalties and conducted detailed market segmentation analyses of the global personal computer market to isolate vertical industry evolution and determine discrete technology value.
FTI was retained by the plaintiff, a leading semiconductor and communications equipment company, to quantify damages from patent infringement related to several communications patents and one semiconductor packaging patent. This sizeable project required us to research and analyze the market and competition for networking equipment, including the subject technology's application and contribution to new products currently under development in the communications sector. We developed a reasonable royalty rate for both the networking patents and the packaging patent, as well as performed a lost profits analysis for the patented networking products at issue.
Determined the market value of a portfolio of approximately 100 patents protecting rights related to computer hardware, software and peripheral products.
Determined the appropriateness of lost profits and opined on a reasonable royalty for fiber optic ferrules used to connect fiber optic cable. Royalty analysis included a review of allegedly infringing ferrule sales as well as an analysis of costs and profits associated with those sales.
A leading designer and manufacuter of hard disk drives hired FTI to determine economic damages related to a the patent of hard disk drive durability, reliability and speed. Damages in the form of lost profits (market share approach) and a reasonalbe royalty were calculated. An analysis of the marketplace including potential non-infringing alternatives to the particular hard disk drives was also done.
Retained by plaintiff in a patent infringement matter related to four analog integrated circuit patents. Calculated reasonable royalty damages based on defendant's profitability, industry licensing and technical advantages of the patents at issue. Case settled favorably for our client before trial.
FTI was retained by defendants in a patent litigation matter involving microprocessor circuits multiplexing technology. Analysis included a review of the plaintiff's historical licensing efforts, the subjects global market's evolution and the contribution of the alleged infringing technology to the performance of the accused products.
Lead a team retained by plaintiff counsel for a major manufacturer of “pure silicon” used in the manufacturing of semiconductors in a patent infringement matter. Analyzed the plaintiffs manufacturing and marketing capacity to ensure the plaintiff would have been able to meet the defendants contractual requirements. Analyzed the market share for suppliers capable of manufacturing “pure silicon” and determined a lost profit on a portion of the defendant’s sales and a reasonable royalty rate on the remaining sales.
Analyzed multinational defendant’s
U.S.
, inter-company, and international sales, costs and profits as well as certain manufacturing capacities of RAM, DRAM, SRAM and SDRAM. Also analyzed the transfer of products between
U.S.
and international manufacturers and sales subsidiaries. Analyzed and converted defendant’s foreign financial statements and sales reports from electronic data and foreign documents. The plaintiff obtained a billion dollar settlement of all litigation after a favorable jury award on behalf of the plaintiff.
Reviewed and summarized the manufacturing operations and semiconductor revenues of four chip manufacturers alleged to have infringed upon a patent covering the gating process of semiconductor chip manufacturing. Our analysis included a detailed review of yield data, raw materials cost and reconciliation of standard costing to actual expenses. During the alleged period of infringement, a comprehensive study of the historical and projected semiconductor chip market, including volume and price fluctuations, was performed.
The professionals at FTI provided analysis for a semiconductor chip company pursuing patent infringement claims against two semiconductor chip manufacturers. We served as the expert witness on the subject of economic damages and the analyses performed included a detailed review of sales data for numerous semiconductor chip types, including EEPROMs, EPROMs, flash, gate arrays and PLDs.
Engaged by defense counsel representing a software developer involved in an alleged copyright infringement. Analysis included both lost profits and reasonable royalty.
Evaluated alleged damages suffered by a plaintiff in the business of installing systems delivering ultra-high purity air, water, gas and chemicals to companies manufacturing integrated circuits. Plaintiff alleged a former managerial employee breached his fiduciary duty by engaging in wrongful use of trade secrets, wrongful solicitation of employees and customers, and unfair competition with the original employer. Analysis involved estimating the lost sales and lost profits to the original employer by estimating the number of bid opportunities missed because of the alleged actions of the former employee, adjusting for changing industry conditions.
FTI performed a detailed cost and revenue analyses of a semiconductor equipment manufacturer's operations. The advanced pellicle technology at issue was a critical market differentiator and provided the client a substantial competitive advantage. We created synthesized revenue projections of semiconductor chip and semiconductor equipment revenues to establish the value of lost sales
Valued an idea, embodied in a thesis, related to a Network File Server Caching technology which contributed to significantly to the success of a company founded by the trade secret holder. Analysis involved valuing the trade secret at different points in time using the cost, market, and income approaches.
Assisted plaintiff counsel for a popular supplier of notebook security devices in numerous patent infringement matters. Work performed included an analysis of the plaintiff’s and the defendants’ overall profitability, product line profitability, historical projections, existing license agreements and marketing and sales literature.
One of the largest developers and manufacturers of computers and computer accessories in the world brought action against a very large computer mainframe reseller for trademark, trade name and trade dress violations, unauthorized reconfiguration of computers, patent violations and breach of contract. Our team was engaged by the defendant to calculate damages and to create a very large analytical database of all allegedly impacted parts and products over a several year time period.
An international modem manufacturer retained FTI to assist in licensing negotiations for several patents related to software modems. This project required an analysis of the current and projected market for software modems, competitive factors and pricing options (including an analysis of “per-port” and “per-modem” pricing). Also included in this analysis was a review of the technical standards associated with software modems and their impact on royalty rates. We determined the appropriate rate at which the technology should be licensed to different parties for use in licensing negotiations.
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