Ryan Marsh, Ph.D.

Ryan Marsh, Ph.D. has expertise in labor economics, applied microeconomics, and applied econometrics. Dr. Marsh regularly works on matters in state courts, U.S. district court, the U.S. Patent Trial and Appeal Board, and in arbitration. Dr. Marsh has been designated an expert on matters before state courts and U.S. district court, and he has provided testimony in a matter before U.S. district court.

Dr. Marsh has applied his expertise to various complex commercial disputes, including intellectual property (patent infringement, trademark, and trade secrets), breach of contract, false advertising (including class certification), and antitrust disputes. Dr. Marsh has been involved in high-stakes litigation cases across a range of industries, including medical devices, telecommunications, consumer electronics, automobiles, and petroleum, among others.

In those areas, he provides expertise regarding numerous issues, including:

• Lost profits
• Reasonable royalties
• Price erosion
• FRAND licensing
• Irreparable economic harm
• Commercial success
• Unjust enrichment
• Licensing
• Valuation
• Antitrust injury
• Prejudgment interest
• Price premium calculations

Examples of Dr. Marsh’s work include the following projects:

Alleged patent infringement relating to leather vests. Provided an expert report and deposition testimony in patent litigation involving the manufacture of leather vests. Analyzed various economic issues including relative product sales, the value of the contribution of the patented technology to the at-issue products, the competitive positioning of plaintiff’s and defendant’s products in the market. Provided a reasonable royalty damages opinion.

Alleged patent infringement relating to streaming television devices. Evaluated reasonable royalty damages for patents related to streaming television devices. Analyzed economic issues, including the contribution of the patented technology to device sales and advertising revenue, consumer usage of the at-issue features, and purchase drivers for streaming devices.

Commercial success as objective indicia of nonobviousness for biopharmaceutical patents. Analyzed commercial performance of patented biopharmaceutical products to evaluate commercial success as objective indicia of nonobviousness in proceedings before the U.S. Patent Trial and Appeal Board and before U.S. district court. Evaluated absolute commercial performance and performance relative to other available treatments. Analyzed physician reasons for prescribing treatments to evaluate relationship between commercial performance and patent claims.

Alleged patent infringement relating to interfaces between computer programming languages. Analyzed preliminary injunction arguments and reasonable royalty damages for patents relating to interfaces between object-oriented programming and functional programming languages. Evaluated evidence regarding irreparable harm, market indicators of the technology’s value, and the patented technology’s contribution to the at-issue software.

Class certification issues for various food and cosmetic products. Analyzed class certification issues associated with alleged false labelling of various food and cosmetic products. Evaluated whether claimed measures of harm could reliably calculate class-wide damages on a common-proof basis.

Dr. Marsh earned his M.A. and Ph.D. in Economics from Northwestern University, where he specialized in applied microeconomics and labor economics with a focus on teacher labor markets. Dr. Marsh earned his B.A. in Economics, Mathematics, and Philosophy and his B.S. in Physics from the University of Arkansas.