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The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Financial Services industries. Representative intellectual property engagements are described below:
For two separate major financial services institutions, developed estimate of economic damages arising from alleged infringement of business method patents relating to Remote Image Capture with Centralized Processing and Storage. Technology purportedly addressed a system for remote data acquisition and centralized processing and storage in a particular way defined by the claims. Analysis focused on understanding the technology resources, including check processing, imaging and archiving methods and application software employed throughout the banks, to process checks and other bank documents and the associated economics of such systems. Determined appropriate royalty base, which included an analysis of “micro-transactions,” and reasonable royalty rate.
For a major securities exchange, developed estimate of economic damages arising from alleged infringement of patented technologies relating to Two-Way Wireless Systems for Financial Industry Transactions and Methods for Executing a Cross-trade on a Two-Way Wireless System.Technology addressed (1) methods for managing one or more floor brokers involving the transmission, analysis and display of information in a particular way, (2) systems involving specified types of data structures stored in specified memories, and, (3) a specified way of executing and reporting a cross-trade.Analysis focused on understanding the technology resources, including handheld devices and application software, used to process equity trades through wireless handheld devices and broker acceptance / use of handheld devices. Determined appropriate royalty base, which included an analysis of “micro-transactions” and reasonable royalty rate.
For a multinational financial industry information provider and manufacturer of trading systems, developed estimate of economic damages arising from alleged infringement of patents relating to Distributed Matching Systems for Displaying a Book of Credit Filtered Bids and Offers and Negotiated Matching Systems.
For a major money center financial institution, developed preliminary estimate of economic harm incurred by the plaintiff, a financial institution, arising from theft of its trade secrets relating to its risk management policies, procedures and operations by a competing financial institution.
Advised a plaintiff in a patent infringement case involving an electronic commodities trading technology. As part of the damages theories put forth by the plaintiff, we calculated the overall value of the enterprise that had allegedly infringed the patent as a basis for the value of the technology at issue in the case.
Analysis of lost profits and unjust enrichment related to alleged misappropriation of trade secrets and breach of contract of a former employee of a large insurance company who recruited an entire department away from his former employer.
Engaged by plaintiff’s counsel representing an organization that markets financial products that alleged a misappropriation of trade secrets and breach of a non-compete agreement and fiduciary duty of a former employee.
Assisted the Defendant, a large international futures and options exchange, in a patent infringement suit related to software used to automatically match trades based on bid and ask prices quoted by buyers and sellers in the market. Reviewed and analyzed Defendant's contract volumes, as well as, sales, costs, and profits from the allegedly infringing technology. Work performed also included an analysis of acceptable alternatives and company license agreements.
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