Christopher Spadea is a Senior Managing Director at Ankura, based in New York. Chris has over 20 years of experience determining damages related to the impact of business events in the contexts of intellectual property, breach of contract, fraud, bankruptcy, and securities manipulation across a wide range of industries. In that regard, Chris has provided expert witness services on hundreds of matters as an economic professional. Chris has been sought to provide expert assistance in understanding the appropriate economic measure of damages in many contexts including lost profits, reasonable royalty, unjust enrichment, ill-gotten gains, fraudulent conveyance, economic causation, irreparable harm, diminution in value, commercial success, domestic industry, and asset/business valuation. In this regard, Chris has performed analyses and given testimony related to the various components of lost profit and reasonable royalty (in IP matters), including but not limited to the competitive landscape, market share analysis, availability of substitutes, infringing sales and revenues, lost sales and revenues, incremental costs, capacity and regulatory impacts, customer behaviour, ability to pay, and but-for market recreation.
Chris’s professional experience includes:
- Providing expert testimony in deposition and at trial on IP damages and valuations in dozens of matters involving patents, trade secrets, and Lanham Act claims.
- Managing one of the largest patent portfolios in the world with responsibilities to invest $100s million in capital, create monetization plans across a wide range of industries including, but not limited to financial services, retail, automotive, lighting, logistics, semiconductor, mobile, security, blockchain, internet of things, and energy, amongst others.
- Assisting clients in the valuation of assets and the formation of strategies to monetize those assets to achieve maximum value including the creation of valuation models, due diligence packets, identification, and outreach to interested parties, and negotiation of transactions.
- Conducting benchmarking analysis of a client’s and competitor’s patent portfolios to determine monetization and strategic patenting recommendations. Preparation of report with recommendations related to selecting technologies to be patented, patents to be abandoned, and patents to be monetized via sale or license.
- Assisting counsel in settlement negotiations, including drafting terms of settlement agreements as well as advising client and counterparty on valuation issues relevant to settlement across a range of industries.
- Co-editor of Calculating and Proving Damages published by Law Journal Press and Co-author of “Patent Infringement Damages: Royalties and Lost Profits.”
- Calculating damages:
- lost profits related to alleged patent infringement, misappropriation of trade secrets, and breach of contract – including dealership termination;
- unjust enrichment/disgorgement related to misappropriation of trade secrets, Lanham Act violations, fraud, and securities manipulation; and
- reasonable royalty damages related to patent, trade secret, trademark, and copyright infringement.
- Consulting: preliminary damages estimates/exposure, settlement analysis, and negotiation, discovery, and damages-related litigation strategy, licensing terms, and conditions.
- Conducting economic analyses of a variety of industries, including aerospace, database / analytics, medical devices, agriculture, eCommerce, mobile devices, automotive, GPUs, online travel, banking, healthcare, pharmaceutical / biotech, computer memory, health insurance, professional sports, computer networking, P&C insurance, retail, consumer electronics, lighting, RFID, construction, logistics, and security.
- News & events
- 2017 IAM Licensing Conference, Moderor: “SEPs – Still Fit for Purpose?” San Francisco, CA, with Matteo Sabattini, Boris Teksler, and Gil Ohana