Nouvelle Analytics is an independent financial advisory and business valuation firm specializing in evaluating IP litigation claims and financial disputes, developing licensing strategies, performing business valuations, and forensic accounting services.
Nouvelle Analytics assists clients in establishing intellectual property licensing strategies, as well as the assessment of damages in intellectual property matters. We have provided expert testimony regarding price erosion, lost profits, reasonable royalties, and unjust enrichment. Our analyses are tailored to the facts of the case and the assessment of economic benefits from use of the patented inventions.
Our team delivers superior expertise, laser-like focus and technical skills when performing business valuations of operating and holding companies for a wide range of purposes including mergers & acquisitions, shareholder disputes, divorce, estate and gift tax compliance, financial reporting, and management planning. Our professionals leverage a distinctive wealth of experience spanning various client sizes and industries.
Our transaction advisory services, including fairness opinions and mergers & acquisitions support, equip our clients with the expertise and insights needed to navigate every step of the way, from initial brainstorming to post-deal integration. Our professionals provide strategic insights, mitigate risks, and ensure the success of our clients' various financial endeavors.
We have a depth of experience in the assessment of economic damages including lost profits, unjust enrichment, and diminution of value damages. We assisted clients in matters involving breach of contract, breach of fiduciary duty, shareholder disputes, fraud, financial forensic investigations, and matrimonial dissolutions. Our experts provided testimony in deposition and at trial regarding our findings.
Our service offering includes a comprehensive spectrum of fair value valuation services including purchase price allocation and goodwill impairment testing in business combinations, fair value measurement of investments and derivatives, valuation of built-in gain for C corporation to S corporation conversions, valuation of contingent liabilities, and valuation of discontinued operations.
When performing financial due diligence and quality of earnings engagements, our advisors conduct in-depth analyses of financial statements, cash flows, working capital, synergies, and risk factors to deliver actionable insights empowering clients to make informed decisions, mitigate risks, and uncover opportunities for growth. We offer comprehensive buy-side and sell-side financial due diligence services.
On Behalf of Plaintiff:
"ParkerVision, Inc. (Nasdaq:PRKR), a developer and marketer of semiconductor technology solutions for wireless applications, today announced that a jury in the U.S. District Court for the Middle District of Florida awarded ParkerVision past damages of $173 million for Qualcomm's direct and indirect infringement of ParkerVision patents."
On Behalf of
Defendant:
Halliburton Energy Services Inc.
Halliburton won a take nothing verdict in a two-week jury trial that took place in Houston Federal Court in a theft of trade secret, fraud, and patent infringement matter.
On Behalf of Plaintiff:
"A $15 million patent infringement verdict [was secured] on behalf of Dallas, Texas-based Summit 6 LLC against Samsung Electronics Co. Ltd. and Samsung Telecommunications America, Inc. The verdict was handed down on April 5, 2013 after a six-day jury trial before Judge Reed O'Connor in the U.S. District Court for the Northern District of Texas."
Recent rulings by the United States Court of Appeals for the Federal Circuit have provided what may initially appear to be inconsistent guidance as to what it considers to be acceptable methodology for purposes of determining a reasonable royalty in patent infringement matters. In the matter of VirnetX, Inc. and Science Applications International Corporation, v. Cisco Systems, Inc. and Apple, Inc., use of a 50/50 split of incremental profit attributable to infringement as a starting point for the hypothetical negotiation was determined to be inappropriate. However, in the matter of Summit 6, LLC v. Samsung Electronics Co., et al. the court determined that a hypothetical negotiation construct in which “neither party has a stronger negotiating position,” a result in which the incremental “profit attributable to the infringement” is split evenly is “structurally sound [methodology] and tied to the facts of the case.” This paper is an abbreviated version of the original work, which provides insight into the methodology used in the VirnetX matter and explains how such methodology differs from the methodology we used in the Summit 6 matter.
”[W]e have held that a “superficial recitation of the Georgia-Pacific factors, followed by conclusory remarks, [cannot] support the jury’s verdict.” Whitserve, 694 F.3d at 31. When an expert employs the Georgia-Pacific factors, “reciting each factor and making a conclusory remark about its impact on the damages calculation before moving on does no more than tell the jury what factors a damages analysis could take into consideration.”
"That Mr. Benoit’s methodology was not peer-reviewed or published does not necessitate its exclusion. We recognize that the fact-based nature of Mr. Benoit’s damages testimony made it impractical, if not impossible, to subject the methods to peer review and publication. But '[p]ublication . . . is not a sine qua non of admissibility,” and “in some instances well-grounded but innovative theories will not have been published."
“It is not the case that the value of all conventional elements must be subtracted from the value of the patented invention as a whole when assessing damages. For a patent that combines ‘old elements,’ removing the value of all of those elements would mean that nothing would remain. In such cases, the question is how much new value is created by the novel combination, beyond the value conferred by the conventional elements alone.”
DIRECTOR
Tel: 512-893-8000
12912 Hill Country Blvd | Suite F-225 | Austin TX 78738
Email: info@nouvelleanalytics.com
Tel: 512.614.1335
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