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Computer Software
The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Computer Software industry. Representative intellectual property engagements are described below:
Retained as the damages expert for a large integrated circuit products company in the wireless networking space. The project involved many issues, including lost profits and reasonable royalties, price erosion, incremental cost analyses, convoyed sales and future damages. Considerations relevant to the integrated circuit market which impacted damages included product lifecycle issues, industry standards and product design in.
Evaluated alleged damages to plaintiff in a copyright infringement matter in the stenographic software market. Estimated damages due to lost sales and price erosion.
A large multinational credit card company hired FTI professionals to determine damages, if any, resulting from alleged infringement of a software patent. The patent relates to the method by which merchants, acquirers, banks and cardholders interact to authenticate payment for certain online purchases. The patented process was analyzed in terms of its contribution to the overall benefits of the subject authentication service. Also at issue was looking at the banking industry in general and how member banks, merchants and acquirers interact with credit card companies.
Engaged to provide damages assistance to 14 defendants in the on-line merchandising marketplace. Plaintiff claimed to hold a patent covering the storage and retrieval of images on a website. We assisted defendants in quantifying the plaintiff’s damages by conducting such tasks as review of website purchasing patterns, assessment of contribution of the patented technology to sales of the defendant’s products and assessment of an appropriate royalty payment.
Assisted the Plaintiff in a patent infringement suit involving the ability to monitor and control industrial automation systems through the use of a Web browser. Work performed included a detailed review and analysis of both parties’ sales, costs and profitability information related to the patented products, as well as the ancillary components that were generally sold with the patented products. Damages analysis included a lost profits and reasonable royalty claim.
Assisted a large movie studio to identify the requirements for software to assists the legal department in tracking and monitoring the rights retained by the studio for its intellectual assests. We assisted in identifying the requirements of the system, identifyed the software best suited to fit the needs of the client, and implemented a succesful software system.
Retained by a start-up software company to establish a global licensing program for the company’s breakthrough user interface technology. We served as principal financial negotiator as the company pursued licensing arrangements with leaders in each of the markets where the application will be critical in creating next-generation operating systems. Analyses included product penetration studies, market segmentations and incremental value analysis. Initial targets for licensing of the software included the hand-held device market.
We were engaged by the founders of digital print management software to develop an IP strategy capable of achieving the optimal exploitation of the company’s intellectual asset position. Our evaluation included a comprehensive market analysis to segment applications, isolate competitive opportunities/threats and identify potential licensees and acquirers. We teamed with the company and counsel in pursuing critical long-term licensing agreements.
Valuation of software in numerous industries including web-casting company, legal document tracking, insurance, e-business, healthcare, real estate, energy.
The defendant in a patent infringement matter retained FTI to address the claims made by its outside developer of proprietary logistics software, which the client was using to run its national salvage and used auto parts business. The plaintiff claimed ownership to the software and sought lost profits damages. FTI evaluated the claim, including the plaintiff’s ability to market, sell and support the software, and the cost and time required to customize it for another corporate user. The team also determined a reasonably royalty rate, assuming infringement, and assisted in settlement negotiations.
Retained by one of the defendants in a patent infringement suit and countersuit to calculate damages. The technology at issue involved the operation of electronic gaming systems that provide a predetermined number of winning and losing draws in order to adhere to state laws requiring Indian tribe casino electronic games to function similar to state lottery games. Analyzed plaintiff’s and defendant's sales, costs and profitability as well as equipment purchase and lease agreements setting forth licensing and participation fees. Additional analysis included a determination of a reasonable royalty for the plaintiff's and defendant's patented technology.
Evaluated the profits that accrued to defendants as a result of their alleged misappropriation of trade secrets and subsequent sale of a networked gaming, bonusing, and slot accounting system to a major casino. Analysis involved evaluating which elements of defendants’ profits from the sale of the system were attributable to the alleged theft of trade secrets, calculating the gross revenues received from the sale, and evaluating the gross profit margin the defendant experienced in performing under the contract.
Retained in copyright infringement matter where plaintiff claimed ownership to software which was used to run the plaintiff's national salvage and used auto parts business. We evaluated the claim, including the plaintigg's ability to market, sell and support hte software, and the cost and time required to customkize it for another corporate user. We also determined a reasonable royalty rate, assuming infringement, and assisted in settlement negotiations.
Retained by a successful computer game developer to assist in the identification of proprietary rights, the valuation of discrete intellectual assets and establishment of a strategic intellectual asset disposition plan. Our analysis focused on benchmarking the consolidating industry’s market leaders and identifying synergistic applications for the client’s technology.
Retained by the plaintiff in a patent infringement case involving the manufacture and delivery of ultra-clean chemicals used in the semiconductor manufacturing process. Work performed included a review and analysis of plaintiff’s and defendant’s sales, including ancillary sales, as well as analysis of plaintiff’s and defendant’s costs and profits. Damages claim included lost profits, convoyed sales, price erosion and a reasonable royalty.
Retained by the Plaintiff to calculate reasonable royalty damages in a patent infringement suit regarding technology to preserve a static “snapshot” of data as of a particular point in time. Engagement involved analysis of plaintiff and defendant's profitability, manufacturing and marketing capability and a determination of the reasonable royalty, including a Georgia Pacific analysis. The defendant asserted damages counterclaims for antitrust and business interruption/lost contracts and relationships.Analysis also included rebuttal of those damages claims.
Assisted defendant, a popular Internet search engine that provides electronic search, shopping and auctions services, in a patent infringement suit related to software used to electronically select information from the Internet for use in its search, shopping and auctions databases. Reviewed and analyzed defendant’s sales, costs and profits of the allegedly infringing technology and analyzed industry and company royalty rates.
Engaged by defense counsel representing a New York Stock Exchange software company involved in a multi-million dollar product liability arbitration proceeding. Prepared a lost profits analysis as part of expert testimony related to alleged damages. Matter settled in a favorable manner for the defendant.
For a pharmaceutical industry data provider, developed estimate of economic harm in a software copyright and theft of trade secrets matter. The matter involved lost sales, issues of computer valuation and apportionment of the value derived from various types of intellectual property used in multiple products.
Retained by a major national wireless phone service provider to assist in their efforts to license software from another company, which facilitates internet access from mobile phone, we evaluated the licensor’s historical licensing agreements to ensure our client received “most favored” pricing and other terms.
Major data processing company: various applications software systems, customer contracts, renewals and relationships for allocation of purchase price with reference to defense against the IRS.
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