Intensity provided economic analysis to evaluate damages for alleged patent infringement. The asserted technology relates to the field of microfluidics, which has applications in genomics and biotechnology. Intensity’s analysis included an evaluation of claims of lost profits and a determination of reasonable royalties.
Intensity worked on behalf of a global genomics company that provides innovative products for next generation sequencing applications. Consistent with the four prongs specified under Panduit, Intensity’s evaluation of claims of lost profits included analysis of the relevant marketplace, availability of non-infringing alternatives, drivers of demand within the marketplace, and the plaintiff’s capacity to capture claimed lost sales. In its determination of reasonable royalties, Intensity used a market approach by identifying multiple license agreements for related technologies and quantifying certain adjustments to account for the economic circumstances of the hypothetical negotiation. Intensity also evaluated each of the Georgia-Pacific factors in its determination of reasonable royalties and addressed economic issues pertaining to apportionment.
Intensity provided expert reports, deposition testimony, and trial testimony.