Analysis Group

IAM Research

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Described as a “highly professional operation at the top of its game”, economic consulting firm Analysis Group hosts a team whom clients consider to be “intelligent, well prepared, creative and efficient”. The outfit stands out in its ability to find leading experts relevant to every case brought before them, ensuring testimony of the highest quality. Well established as both an economic maven and a consultant in difficult business and IP disputes, having testified more than 500 times, Keith Ugone is esteemed by peers. Recent work of his includes working alongside Minh Doan, who is also based in Dallas, assessing damages in a trade secret misappropriation case. A damages evaluation ace, Doan knows the intricacies of the economics behind obtaining injunctions in cases of patent infringements. Also based in Dallas, economist Daniel Slottje has a PhD and is well regarded as both an academic and an authority in the field of econometrics. He testifies in IP litigations with aplomb, making him a smart choice for a plethora of matters. Another go-to is Lauren Kindler, who is lauded as “a fantastic testifying expert. She has keen analytical skills and prepares excellent reports. She spends the necessary time with lawyers and subject-matter experts to become fluent in the relevant technology, and is a nimble and effective testifier.” Carving out a particular niche in assessing lost profits, Laura Stamm also receives accolades: “She is creative, responsive, thorough, a terrific testifier and never sacrifices common sense.” She is based in Boston together with Rene Befurt, whose prowess in marketing research proves vital to business and IP litigation matters, as he uses surveys and studies to assess interest within specific markets. As a certified public accountant Jeffrey Kinrich is well placed to evaluate damages in complex cases, including in a recent case of alleged patent infringement for a major e-commerce company. The same is true of newcomer to the team Mickey Ferri, who is retained to assess commercial success in patent infringement matters, analysing data as well as business and economic factors. Representing the ensemble in New York, Na Dawson is an economic and damages maven, sought after for high-stakes business and IP litigation. Director of the Washington DC office, John Jarosz is a well-regarded economics professional, delivering testimony in patent cases involving diverse industries, including telecommunications, pharmaceuticals, technology and transportation. Recent work of his includes a trade secret misappropriation case for a transportation company, in which he was supported by John Browning, who is revered for his successes in assisting patrons to obtain full damages awards, particularly in patent and copyright cases. Other noteworthy names in the DC office are Christopher Borek, whose aptitude for jury trials makes him a sought-after name for economic and marketing analysis, particularly in consumer electronics and health care patent cases; and Justin McLean, who is turned to for financial and economic mastery in all stages of the litigation cycle, from preparation and discovery through to trial. Receiving high praise from clients and peers, Robert Vigil is “one of the most excellent and accomplished expert witnesses I have worked with in more than 35 years. He has a tremendous ability to translate complicated issues in a way in which juries and judges can understand. He is extremely relatable, and I believe he establishes an early, positive rapport with juries. His expert reports get to the heart of the issues he has been asked to comment on in a concise yet thorough manner, in which the main points are emphasised, and the nuances are all taken into account.” Similarly lauded is Carla Mulhern, who “is commonly known as one of the best economic experts at the ITC, for good reason. Her understanding of complicated ITC issues and their interplay with advanced economic principles requires an expertise that few have. On top of that, she presents her opinions very well as a testifying expert.” 

Firm Profile

Analysis Group is one of the largest international economics consulting firms, with more than 1,200 professionals across 14 offices in North America, Europe and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics and strategy to top law firms, Fortune Global 500 companies and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry and government, offer our clients exceptional breadth and depth of expertise.

Analysis Group’s expertise covers the full spectrum of IP issues, from patent, copyright, trademarks and trademark infringement to misappropriation of trade secrets and unfair competition. Clients turn to us in these matters to help evaluate an extensive array of economic, financial, accounting, marketing and licensing issues, and to provide or rebut expert testimony.

We serve clients by:

  • developing damages estimates, including lost profits, reasonable royalties and unjust enrichment/disgorgement of profits;
  • evaluating economic issues arising in US International Trade Commission (ITC) Section 337 investigations, such as domestic industry, remedy, bond, injury and public interest;
  • designing and conducting surveys and market research to support quantification of product, feature or brand value and estimation of damages, and rebutting opposing expert reports and survey methodologies;
  • determining marketplace success and causal nexus as they relate to commercial success in US district court, ITC and US Patent Trial and Appeal Board matters;
  • assessing compliance with FRAND obligations; and
  • evaluating irreparable harm/adequacy of monetary damages, balance of hardships and public interest in requests for preliminary and permanent injunctive relief.

We also have helped corporate clients manage their intangible assets to achieve competitive advantage and growth. This includes the valuation, transfer and structuring of IP assets in business settings. We have structured optimal business arrangements relevant to the sale or licensing of IP; and recommended appropriate compensation structures, scopes of agreement and levels of collaboration between or among the parties. In all of our IP engagements, we deliver specialised expertise by drawing upon our firm’s capabilities in related practice areas.

Clients benefit from our ability to deploy both traditional and advanced analytical tools and methodologies in assessing sales impacts, prices, profits and substitution patterns. Examples include econometric demand analyses, conjoint surveys, social media analyses and machine learning tools. We also work closely with our networks of highly distinguished experts from leading universities and industry experts to develop and present innovative, fact-based solutions for our clients. The combination of our case teams’ experience with the specialised skills and knowledge of our academic and industry experts allows us to offer extensive IP expertise to our clients.

We have deep experience handling IP matters across a range of industries, including:

  • agriculture;
  • arts, entertainment and recreation;
  • automotive;
  • banking and financial services;
  • biotech;
  • chemicals;
  • computer hardware;
  • computer software;
  • consumer electronics;
  • consumer products;
  • energy and environment;
  • internet;
  • manufacturing;
  • media;
  • medical devices;
  • semiconductors;
  • telecommunications; and
  • transportation.

Our professionals have assisted attorneys and corporate clients in all phases of litigation and on a variety of matters, including:

  • bonding;
  • commercial success;
  • damages (lost profits, price erosion, reasonable royalty);
  • domestic industry;
  • financial modelling;
  • FRAND compliance;
  • ITC Section 337 investigations;
  • licensing;
  • technology transfer;
  • unjust enrichment; and
  • valuation.

 

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