Antitrust and Licensing in Flash Storage Technology


Flash storage technology is used in memory cards, USB flash drives, solid-state drives, and similar products for general storage and transfer of data. A number of electronics retailers alleged that a flash storage supplier fraudulently acquired and enforced multiple patents in order to foreclose competition and charge higher prices to direct purchasers of its products. The flash memory supplier allegedly used the market position established by its fraudulently obtained patents to cause competitors to pay license fees and to charge supra-competitive prices to purchasers of flash storage products.

Our Analysis

Intensity was called upon to analyze whether there was class-wide price impact relating to the alleged fraudulent conduct. Intensity performed economic and econometric analyses to evaluate the financial impact of the anti-competitive behavior in the marketplace, and to determine an appropriate measure of economic damages for all class members.

Our work involved examination of the affected product sales, identification of the relevant antitrust markets, assessment of market power, evaluation of supra-competitive prices and restricted output, and analysis of the flash storage manufacturer’s licensing program. Intensity analyzed the alleged anti-competitive conduct and its economic impact in relation to other factors influencing industry performance and product sales. Intensity evaluated sales performance in relation to product pricing, functionality, sales strategy, product distribution, industry standards, and licensing, among other factors.