Intellectual Property Consulting

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1 Intellectual Property Consulting Charles River Associates provides valuation, litigation, and strategic consulting services related to intellectual property in a wide range of contexts. The skill and effectiveness we bring to these tasks makes us one of the world s premier consultancies specializing in the financial, economic, and strategic analysis of IP issues. Whether you face a high-stakes legal proceeding or key business decision, you can rely on us for objective, fact-based answers based on rigorous analysis and research.

2 Charles River Associates offers concise, credible, and defensible information on a full range of IP matters involving patents, trademarks, trade secrets, and copyrights. CRA brings clarity and objectivity to intellectual property issues through rigorous, fact-based economic and financial analysis. Businesses and law firms have relied on CRA professionals for guidance on critical IP issues for over two decades. Whether you are making critical decisions on corporate IP strategy or assessing risk in high-stakes IP litigation, our intellectual property practice offers deep industry specialization, broad cross-functional expertise, and proven analytical approaches. With more than one hundred senior IP consultants on staff, we provide comprehensive services in litigation, valuation, strategy, transactions, and intelligence. Our intellectual property services include: Economic damages in IP litigation Litigation risk assessment Advanced valuation modeling for decision making Valuation/appraisal reports Purchase price allocations Licensing strategy development and execution M&A support and due diligence Restructuring/bankruptcy related IP valuation and transaction support Transaction structuring and negotiation Strategic option assessment IP inventory and strategic assessment IP competitive intelligence/patent analytics Opportunity identification/portfolio mining CRA was one of the first consulting firms to launch an integrated practice dedicated to helping organizations value, protect, and fully leverage their IP assets. We have worked extensively with companies to maximize the value of IP portfolios and with legal teams to provide accurate, data-driven analysis and testimony. If you are facing a critical business strategy decision or complex litigation involving intellectual property assets, CRA will keep you focused on the facts. For information, visit About Charles River Associates Founded in 1965, CRA is a leading consulting firm that provides economic, financial, and business management expertise. The firm has professional staff across North America, Europe, the Middle East, and Asia. We use a combination of industry experience and rigorous, fact-based analysis in order to provide clients with clear, implementable solutions to complex business problems. Contact Daniel M. McGavock Vice President, Practice Leader of Intellectual Property dmcgavock@crai.com Royalty audits Transfer pricing/other tax issues Copyright 2011 Charles River Associates

3 Antitrust & Competition Economics CRA s Competition Practice is an acknowledged leader in providing economic analysis, advice, and testimony for antitrust and merger cases worldwide. Our clients include government agencies as well as law firms and their clients. Our recent merger engagements include work with parties to the Live Nation/Ticketmaster, Miller/Coors, Hertz/Dollar Thrifty, Unilever/Sara Lee Personal Care, and Whole Foods Market/Wild Oats transactions. We have also recently assisted Intel and Micron in non-merger-related antitrust proceedings. Whether before a court or a regulatory agency, CRA consultants set a high standard for the clear communication of sophisticated economic analysis in complex cases. The Monopoly cards depicted on this page are trademarks of Hasbro, Inc.

4 CRA s experience in antitrust and competition economics began in the 1970s with our work on behalf of IBM in the landmark US v. IBM monopolization case. Since then, we have provided advanced economic analysis in a wide array of client matters in the United States, Canada, Europe, and Australia. Our work has involved many industries, including, among others, healthcare, energy, computer hardware and software, industrial equipment, retailing, telecommunications, entertainment, transportation, natural resources, sports, chemicals, pharmaceuticals, financial services, and consumer products. CRA s services include the assessment of liability-related issues, the determination of damages, the economic assessment of remedies, and the analysis of class certification issues. We tailor our analyses to the facts of each case, employing tools such as merger simulation, upward pricing pressure analysis, econometrics, bargaining theory, or game theory as needed. We are experts in applying these and other economic approaches to the competitive analysis of a wide range of business conduct, including: A complete range of analytical skills Our antitrust work draws on our training and experience in theoretical and empirical economics. We employ a team-based approach to economic analysis that offers clients specialized knowledge in areas such as econometrics, theoretical economics, simulation models, and statistics. Our economists extensive experience with relevant theoretical models, databases, and literature allows us to efficiently and incisively develop the most appropriate approach to each case. Unilateral effects arising from mergers Coordinated effects arising from mergers Efficiencies analysis Entry and repositioning Innovation and innovation competition Horizontal and vertical restraints Resale price maintenance Exclusive dealing Loyalty contracts Tying and bundling Joint ventures and partial ownership Monopsony Predatory pricing Raising rivals costs Price discrimination Intellectual property and licensing issues Exploitation of aftermarkets Intellectual resources in a variety of industries We are known for our ability to identify the key economic issues quickly and to integrate critical industry information into our analyses. Our professionals have extensive experience in key industries and understand the competitive dynamics and legal and regulatory constraints particular to individual markets. Our economists are adept at applying complex economic concepts to new industries. We also exploit the knowledge of other CRA professionals when this allows us to deliver higher quality analyses at lower cost and in less time. These include members of CRA s Life Sciences; Mining, Metals, and Materials; Energy and Environment; and Finance Practices who have deep and specific knowledge of their industries data sources, facts, and institutions.

5 Impeccable credentials The bedrock of our success is the caliber of our economists. Almost all of our senior staff professionals and affiliates hold advanced degrees in economics. Many CRA professionals have worked in a US, Canadian, or European government competition agency or served on the economics or law faculty of a leading university. Our senior consultants have published research that has fundamentally changed the way economists consider monopolization claims, vertical restraints, and mergers in US antitrust matters. These experts work with us to advise clients, develop analyses, and offer expert testimony. Our methodologies have been tested and proven in numerous adversarial proceedings. We provide detailed, fully supported, and thoroughly explained analyses and conclusions. A practical outlook We draw upon our economists significant experience with regulatory agencies to help clients distinguish ancillary details from the critical facts and economic arguments that are likely to persuade government officials. CRA also offers a proven history of delivering high-quality results under tight deadlines by drawing on our resources from offices around the globe. A creative approach to complexity We specialize in complex cases that call for innovative, insightful, and careful approaches to the development of theories, data, facts, and results. Utilizing advanced economic theories and cutting-edge techniques, we evaluate the facts in clear, constructive ways. Our work includes, among many other things, the measurement of diversion ratios and other empirical factors in order to determine the relevant scope of competition; simulating mergers to predict possible price effects and to assess potential remedies; constructing real-world models of competition to evaluate the impact of contractual restraints; evaluating market conditions to measure pass-through effects in class action cases; and constructing realistic but-for scenarios in damages cases that take into account multiple simultaneous influences on prices, costs, demand, and supply. CRA s professionals present their results in terms that are understandable and compelling to non-economists and triers of fact. Rigorous standards Clients rely on CRA to deliver defensible, credible analyses based on economic theory, case facts, market information, and empirical and computational methods. Global reach A growing number of mergers and other antitrust cases receive scrutiny across multiple jurisdictions. With one of the industry s largest global competition practices, CRA offers firms with multinational interests a single point of contact in each region to coordinate the work of tightly integrated transnational teams. We combine deep knowledge of local laws and regulations with extensive experience testifying before a wide range of courts and regulatory agencies, including the US Federal Trade Commission, the US Department of Justice, the European Commission, the Canadian Competition Bureau, the Australian Competition Tribunal, the Australian Competition and Consumer Commission, and others. Contact Margaret Sanderson Vice President, Practice Leader of Antitrust & Competition Economics msanderson@crai.com

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