Challenge:
A CRA expert was retained in an ICC arbitration on behalf of a Fortune 100 company in a licensing dispute involving leading telecommunications and IT services providers. The expert provided economic and financial damages analysis, including rebuttal to an opposing damages expert. The economic issues related to the applicable royalty rate and assumed growth rates.
The products at issue included cloud-networking deployment software used to deploy, configure, and connect millions of devices within internal and external networks.
The expert evaluated the appropriate royalty rate for the renewed license as well as industry growth rates used to inform the applicable royalty base. The expert also evaluated and responded to the terms of the renewed license proposed by the licensor and its experts.
Our work:
CRA provided valuation, financial, and licensing analyses that included an assessment of the contribution of the patent rights to the end products. The expert evaluated the overall economic landscape and comparable patent licenses, informing the terms of going-forward license renewal as well as past royalties.
The expert prepared and submitted an extensive witness statement and provided live testimony during a five-day arbitration hearing. The expert was assisted by a CRA team including Tamara Copeland and Rachael Malito.
Impact:
For the patent rights that the arbitration panel found infringed, the panel arrived at economic conclusions consistent with and based on the CRA expert’s testimony and analysis.
