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The FTI Intellectual Property group has a deep breadth of experience in intellectual property matters in the Telecommunications industries. Representative intellectual property engagements are described below:
Assisted in a royalty base determination in a patent infringement case regarding technology used in digital and analog cellular base stations. Analysis included a detailed review of revenue reports and other financials for several major wireless telecommunications service companies.
Assisted a defendant in a patent litigation, involving a telephone switching device by analyzing expenses through regression analysis to identify those which were incremental.
Testified as to lost profits, convoyed sales, price erosion and reasonable royalty damages in a patent infringement suit involving technology for correcting cross-modulation signal problems in the common amplification of audio and video television transmission signals.
Analyzed the potential markets and assessed value of a patent related to technology required to process certain types of wireless data transmissions. Worked closely with the owners of the patent and legal counsel to identify the key drivers affecting assessed value and developed a model useful in negotiations with investors, purchasers, or licensees.
Analyzed the potential opportunities for utilizing or marketing a portfolio of patents related to advanced digital cable and satellite TV system features including interactive TV, enhanced set top box capabilities and targeted advertising for a corporation in the cable and broadcast communications industry. Work involved analysis of the types of opportunities (sale, license, joint venture), potential candidates for licensing, sale or partner relationship and help in marketing the portfolio to the targets and negotiating an agreement with the targets.
Retained by plaintiff in a patent infringement action relating to upstream modulator chips designed for data transmission over hybrid fiber/coax cable. This analysis required a study of the telecommunications marketplace with a focus on growing applications for modem technology including residential cable modems and set-top boxes. It also involved an understanding of the emerging standards for video systems including MPEG video standards. In addition to calculating historical damages related to sales of the accused products, a detailed market and competitive analysis was created to forecast sales of accused upstream modulator products in order to calculate damages which had been sustained by the Plaintiff, but had not yet materialized in the marketplace.
Retained to quantify damages arising from infringement for multiple patents in three technology areas – networking, digital video encoding and decoding and semiconductor packaging. The patents at issue collectively covered over 75% of defendant's total company sales. We developed a reasonable royalty rate for each patent in suit and performed a lost profits analysis (in the form of a “market share” approach) for the patented networking products at issue.
Calculated damages resulting from alleged infringement of three computer networking and data transmission patents owned by plaintiff. Damages from sales of component parts shipped offshore and re-imported for sale or use in the
United States
in an end product was addressed.
Retained in a patent infringement litigation wherein a large provider of integrated circuits for networking equipment sued over 11 patents in four general technology areas – wireless networking, coding, audio coding and circuitry. Collectively, these patents covered the vast majority of defendant's products across all major business units. Many damages related considerations were present in this complex matter, including issues of industry standards, product life cycle, design-in and design around. Stacking issues were also considered given the patents covered many of the same 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 phones. We evaluated the licensor’s historical licensing agreements to ensure our client received “most favored” pricing and other terms.
FTI was retained by defendants in a patent litigation matter involving microprocessor circuit multiplexing technology. The analysis included a review of the plaintiff's historical licensing efforts, the subject global market's evolution and the contribution of the alleged infringing technology to the performance of the accused products. We performed a detailed Georgia-Pacific analysis and teamed with defendants' technical experts to establish a reasonable royalty payment that reflected the incremental value add of the asserted technology.
We were was retained by the world’s preeminent software company, the defendant in a patent infringement matter, to determine damages associated with alleged infringement of a patent related to streaming media over a network. We calculated a reasonable royalty for the patent and determined the appropriate royalty base upon which the rate should be applied. A significant area of the analysis related to the apportionment of the benefits afforded by the patent to the many other benefits and functionality of the product(s) in which the patents were allegedly used.
Engaged by a large global European-based company to establish a value for an entity being divested due to regulatory concerns. The divested company was heavily involved in interactive television technology, owning a patent portfolio as well as engineering and marketing capabilities. This large scale project required analyses related to many aspects of the convergence of media, television and internet industries, including analyses related to set top boxes, cable and PC markets in various global arenas. The patent portfolio portion of this divested entity was valued separate from the company’s valuation as well for strategic purposes.
FTI was retained by a major communications technology owner to evaluate the use and positioning of the company’s intellectual property within satellite broadcasting systems. Our assessment focused on identifying the value contributed by various technologies to the broadcasters’ overall profitability and the success of their satellite receiver systems. Detailed evaluations included feature comparison, technology evolution and product trend analyses.
FTI was retained to value a cluster of patents related to VoIP technologies for a major RBOC. We performed calculations under a variety of commercialization scenarios including out-licensing, sale, spin off and joint venture alternatives.
Related to an allegation of trade secret misappropriation, we assessed the value of a telecommunication conglomerate’s proprietary position in the optical router market. Our analysis resulted in a critical evaluation of the short and long-term effects of competing technologies on the client’s market position. The analysis further estimated the intrinsic value of engineering resources and intellectual capital in meeting product introduction schedules and the incremental market share attainable by being ‘first-to-market’.
FTI was retained by a large, multinational software developer on a patent infringement matter related to audio, video and speech compression/ decompression technology. This multipatent dispute required us to issue a series of six damages reports, one for each technology area. We were tasked with analyzing the contribution of the patents in suit to the audio, video and speech codecs embodied in several software products.
Retained by a multinational semiconductor manufacturer to determine economic damages suffered as a result of patent infringement for MPEG video encoding and decoding used in set-top boxes and other media applications. This substantial project required a detailed review of the market, competition and future of the set-top box industry, an understanding of the technical aspects of the technology, as well as a lost profits and reasonable royalty analysis.
Retained by a major satellite distributor to review and analyze license agreements related to a group of patents for satellite transmission of television signals. We were tasked with assessing the portion of damages which the company was due, as a third party defendant, in a patent infringement action between one of the client’s licensees and 3 numerous satellite television providers. A detailed study of the satellite television marketplace was conducted and a comprehensive review of the technology agreements at issue (scope and field of use of technology), both of which were then used to create a model which quantified the financial damages suffered by the client.
Performed lost profits and unjust enrichment calculations on a misappropriation of trade secrets case involving high-tech telecommunications equipment.
Performed lost profits analysis for a large telecommunications equipment manufacturer in a misappropriation of trade secret case involving next generation switching technology.
Retained by Plaintiff to determine appropriate royalty base in a patent infringement case. Dispute involved two Harris Corporation patents, one related to cellular CDMA technology and the other to cellular analog technology. Defendants included several of the major wireless communications service providers in the
United States
. Reviewed and analyzed Defendants’ various financial reports such as income statements, revenue summaries (airtime, roaming, long distance, equipment, etc.) and billed and switched minutes of use reports. Identified an appropriate revenue base to apply a reasonable royalty to in order to calculate damages.
Calculated damages in a trade secret and misappropriation of confidential information dispute between a university and a large
Japan
telecommunications company. Technology involved the discovery of a new cathode material for lithium ion batteries. Work included the analysis of cost savings resulting from the technology at issue and the determination of a reasonable royalty. Developed financial damages model based on various forecasted markets for lithium ion batteries.
Engaged by plaintiff’s counsel representing a manufacturing of leakage detection equipment used in the cable television industry alleging patent infringement and Unfair Competition. Analysis included a calculation of the plaintiff’s lost profits, defendant’s disgorgement of profits and a reasonable royalty analysis. Matter settled very favorably for the plaintiff.
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