Intensity provided strategic guidance to the board of directors and executive leadership of a large, publicly traded technology company to address patent licensing and royalties.
Intensity was engaged to apply expertise in licensing, patent monetization, royalty structure, and damages analyses to the specific marketplace challenges confronting the technology company. Intensity discussed the feedback loop between licensing and enforcement, whereby licensing can influence reasonable royalty analyses in litigation, and litigation efforts and outcomes may impact licensing deals.
On the litigation side, Intensity addressed the damages framework for patent litigation in the United States, as well as global enforcement initiatives involving foreign jurisdictions and the U.S. International Trade Commission. On the licensing side, Intensity addressed royalty structure including running royalties, lump-sum royalties, fixed payments, and royalty caps. Also, Intensity addressed cross-licenses, covenants, releases, grant-backs, technology collaboration, standstills, affiliate offsets, and other potential items at issue in licensing negotiations.
Intensity further advised on the development of licensing models that are used for internal strategy, such as determining an appropriate royalty, and models that are used for external strategy.