Chris Spadea

Chris Spadea - Folio Law Group

Chris Spadea

Managing Partner Folio Expert Services
Chris Spadea is the Managing Director of Folio Expert Services, based in New York.

Folio Expert ServicesChris has over 25 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 in his 25+ years as an economic professional. In addition, Chris has significant “real world” experience as a former portfolio manager of the largest privately owned patent holder in the world. In that regard, Chris managed portfolios with $100s millions in invested capital, created monetization programs across a wide range of industries, simultaneously lead new investments in patents and worked to sell portfolios with $100s millions in transaction value. This real-world experience with a large patent owner coupled with decades of expert consulting experience allows Chris to bring real world economics and experience into his damages work and bring realistic valuation techniques backed by case law into his transaction and strategy assignments.

Areas of Expertise

Disputes: Represent clients in high-stakes disputes.
IP Business Consulting: Provide strategic and operational guidance on a range of IP business issues for entrepreneurs, investors, and corporations.
IP Advisory Services: Represent clients in IP asset sales, IP licensing, and IP financing transactions.

Professional Experience

Disputes:

Mr. Spadea has been sought to provide expert assistance in understanding the appropriate economic measure of damages in many contexts including:

  • Misappropriation of trade secrets – lost profits and unjust enrichment
  • Patent infringement – lost profits, reasonable royalties, irreparable harm, commercial success
  • Trademark infringement – lost profits and royalties
  • Copyright infringement – lost profits, statutory damages, royalties
  • Breach of Contract – lost profits, irreparable harm
  • Fraud – lost profits, economic causation, forensic analysis
  • Bankruptcy – economic causation, asset valuation

In this regard, Mr. Spadea 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 behavior, ability to pay, but-for market recreation.

Example industries include:

  • Aerospace
  • Agriculture
  • Alcohol
  • Apparel
  • Appliances
  • Automotive
  • Battery
  • Beverage
  • Bicycle
  • Bottling
  • Call center
  • Chemicals
  • Computer memory
  • Digital imaging
  • eProcurement
  • Financial services
  • Gaming
  • Internet software / services
  • Lighting
  • Medical devices
  • Mobile handsets
  • Paper manufacturing
  • Pharmaceutical / Biotech
  • Prepress software
  • Securities
  • Semiconductors
  • Storage
  • Telecommunications
  • Trucking
  • WAN/LAN networking

IP Business Consulting:

Mr. Spadea has advised a wide range of IP owners from Fortune 100 companies to small businesses and single inventors on strategies to develop, maintain and monetize their existing and future IP. Mr. Spadea was also a member of senior management at the largest privately held patent owner in the world and created strategic plans and initiatives to build, manage and monetize over 40,000 patents across dozens of industries.

In this regard, Mr. Spadea has advised and led teams focused on many industries including, but not limited to:

  • Aerospace
  • Agriculture
  • Automotive
  • Banking
  • Computer memory
  • Computer networking
  • Construction
  • Consumer electronics
  • Database / Analytics
  • eCommerce
  • GPUs
  • Health insurance
  • Healthcare
  • Lighting
  • Logistics
  • Medical devices
  • Mobile devices
  • Online travel
  • P&C insurance
  • Pharmaceutical / Biotech
  • Professional sports
  • Retail
  • RFID
  • Security
  • Servers
  • Storage
  • Telecommunications
  • Trading
  • Video compression
  • White goods

IP Advisory Services:

Mr. Spadea has significant experience both advising companies and as a senior-level company employee in the negotiation of IP transactions. In this regard, Mr. Spadea has been “at the table” with the counterparty’s decision-makers on hundreds of IP transactions. These transactions have crossed several dozen industries and included sale, licensing, acquisition, M&A and fund-raising activities. Example industries include:

  • Aerospace
  • Agriculture
  • Automotive
  • Banking
  • Computer memory
  • Computer networking
  • Consumer electronics
  • Database / Analytics
  • eCommerce
  • GPUs
  • Insurance
  • Lighting
  • Medical devices
  • Mobile devices
  • Online travel
  • Pharmaceuticals / Biotech

Work History:

  • Managing Director – Folio Expert Services 2019 – Present
  • Senior Managing Director – Ankura Consulting Group, LLC 2018 – Present
  • Managing Director – Navigant Consulting, Inc. 2017 – 2018
  • Senior Director – Intellectual Ventures 2011 – 2017
  • CEO – Extract Value, LLC 2011 – 2017
  • Vice President, Charles River Associates, Inc. 2004 – 2011
  • Vice President, InteCap, Inc. 1998 – 2004
  • Executive Consultant, Peterson Worldwide 1994 – 1998
  • International Trade Services Analyst, JP Morgan 1993 – 1994

Presentations and Publications

  • “Strategic Licensing Scenarios”, Panel Discussion, The Business Of Responsible Deal Making – IAM Conference, September 2018
  • “How to Effectively Use Expert Witness Testimony to Prove Damages in IP Litigation,” Presentation, Knowledge Group, September 2018
  • “SEPs Are They Still Fit for Purpose”, Panel Discussion, IAM Licensing Conference, September 2017
  • Kristopher A. Boushie, Christopher H. Spadea, and Martin F. Cunniff, eds.,“Calculating and Proving Damages.” New York: Law Journal Press, 2011-2016. www.lawjournalpress.com.

Testimony

  • 2019 – Commscope Technologies, LLC v. Dali Wireless, Inc (U.S. District Court, Northern District of Texas)
    Trial testimony regarding damages arising from alleged patent infringement in the wireless communications industry.
  • 2019 – BGC Partners, Inc., et al v. Avison Young (Canada) Inc., et al (Superior Court for the District of Columbia Civil Division)
    Damages arising from alleged breach of employment agreement, theft of trade secrets, tortious intereference and conspiracy.
  • 2018 – Commscope Technologies, LLC v. Dali Wireless, Inc (U.S. District Court, Northern District of Texas)
    Deposition testimony regarding damages arising from alleged patent infringement in the wireless communications industry.
  • 2017 – AstraZeneca LP & AstraZeneca AB vs. Apotex, Inc. and Apotex Corp. (U.S. District Court, District of New Jersey)
    Damages arising from an injunction set during an ANDA trial which defendants won.
  • 2015 – Otsuka Pharmaceutical Co., LTD. v. Apotex Corp et al (U.S. District Court, District of New Jersey)
    Analysis as to irreparable harm regarding Otsuka’s request for a Temporary Restraining Order.

EDUCATION

BSBA, Finance, University of Delaware

CERTIFICATIONS

Certified Licensing Professional

AFFILIATIONS

  • Intellectual Property Owners
  • Licensing Executives Society
  • Intellectual Assert Management
  • National Association of Certified Valuation Analysts