Chris has over 30 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 30+ 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:

• Patent infringement – lost profits, reasonable royalties, irreparable harm, commercial success.
• Misappropriation of trade secrets – lost profits and unjust enrichment.
• Copyright infringement – lost profits, statutory damages, royalties.
• IRS litigation – determination of comparable uncontrolled transaction (“CUT”) for purposes of IP valuation.
• 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 profits 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, and but-for market recreation, amongst others.  

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 devices WAN/LAN networking Paper manufacturing

Pharmaceutical / Biotech Prepress software Semiconductor Securities Storage Telecommunications Trucking

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 Consumer electronics Construction

Database / Analytics eCommerce GPUs Healthcare Health insurance P&C insurance Lighting Logistics

Medical devices Mobile devices Online travel 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 Comp. Mem

Comp. networking Consumer electronics Database / Analytics eCommerce / Enterprise software GPUs

Insurance Lighting Med. Devices Mobile Devices Online Travel

Security Servers Storage Pharmaceuticals / Biotech Telecommunications

Work History:

Managing Director – Folio Expert Services Senior Managing Director – Ankura Consulting Group, LLC Managing Director – Navigant Consulting, Inc. Senior Director – Intellectual Ventures CEO – Extract Value, LLC Vice President, Charles River Associates, Inc.  Vice President, InteCap, Inc.  Executive Consultant, Peterson Worldwide   International Trade Services Analyst, JP Morgan

2019 – Present 2018 – 2019 2017 – 2018  2011 – 2017 2011 – 2017 2004 – 2011    1998 – 2004    1994 – 1998    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

2024 – Virtru Corporation v. Microsoft Corporation (U.S. District Court for the Western District of Washington at Seattle)

• Damages arising from alleged patent infringement in the messaging encryption software market.

2024 – Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals, Inc. and Biocon Biologics, Inc. (United States District Court for the Northern District of West Virginia Clarksburg Division)

• Irreparable harm from alleged patent infringement in the Anti-VEGF drug market.

2022 – BGC Partners, Inc., et al v. Avison Young (Canada) Inc., et al (United States District Court for the District of Nevada)

• Damages arising from alleged breach of employment agreement, theft of trade secrets, tortious intereference and conspiracy.

2022 – Roller Bearing Company of America, Inc. v. Raytheon Company (U.S. District Court, District of Massachusettes)

• Damages arising from alleged theft of trade secrets, breach of contract and other torts.

2022 – Roller Bearing Company of America, Inc. v. Multicut North America, Inc. and Multicut Denmark A/S (U.S. District Court, District of Connecticut)

• Damages arising from alleged theft of trade secrets, breach of contract and other torts.

2020 – Medtronic, Inc. and Consolidated Subsidiaries v. Commisioner of Internal Revenue

• Determination of a comparable uncontrolled transacation used in seting transfer price in Federal Tax Court

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