Date: Thursday, November 16, 2023
Time: Networking 6:00 – 7:00 p.m., Presentation 7:00 – 8:00 p.m.
Location: Knobbe Martens, 3579 Valley Centre Dr, San Diego, CA 92130.

This program qualifies for CLE credit.

The hardware subsidy business model, a form of the razor-and-blade business model, involves selling hardware products, such as gaming consoles, e-readers, and digital media players, among other devices, to consumers at a low profit margin, or even at a loss, with the intention of recouping profits on high-margin software products, such as games, books, and subscriptions, among other content.  This presentation explores the considerations for seeking damages on convoyed sales broadly, as well as in the context of hardware subsidy business models specifically, with a focus on instances in which the patented technology covers the subsidized product (i.e., the hardware).

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PRESENTERS:

ROBERT FLANAGAN, DIRECTOR

Robert Flanagan is a Director at Intensity with extensive experience constructing robust economic and financial models, drafting economic expert reports, managing project teams, and providing strategic direction for complex, high-stakes litigation. Mr. Flanagan applies his expertise in several areas, including intellectual property, commercial disputes (including breach of contract and false advertising disputes), and antitrust & competition. In these areas, Mr. Flanagan provides economic consulting on issues including:

  • Lost profits
  • Reasonable royalties
  • Unjust enrichment
  • Economic harm
  • Valuation
  • Licensing
  • Prejudgment interest
  • Commercial success
  • Irreparable harm
  • Injunctive relief
  • Competition
  • Market definition

Mr. Flanagan has experience across a wide range of industries. His work spans the life sciences (including pharmaceuticals, medical devices, and diagnostics), computer software (including ecommerce, cybersecurity, and social media), computer hardware (including consumer electronics and semiconductors), apparel, and consumer packaged goods, among others.

Mr. Flanagan earned his B.B.A. in Accounting and Economics from the Commonwealth Honors College at the University of Massachusetts Amherst.

STEPHANIE KHOURY, Ph.D., DIRECTOR

Dr. Khoury has expertise in applied microeconomics, health economics, labor economics, and econometrics. Dr. Khoury applies her expertise to consulting and high-stakes litigation cases including in the areas of intellectual property (patent, trade secrets, trademark), antitrust and competition, breach of contract, and labor (wage and hour, discrimination). Dr. Khoury’s experience includes:

  • Reasonable royalties
  • Unjust enrichment
  • Economic harm
  • Valuation
  • Licensing
  • Irreparable harm
  • Injunctive relief
  • Competition
  • Market definition

Dr. Khoury earned her Ph.D. in Economics from the University of California, San Diego, where she specialized in Applied Microeconomics, Health Economics, Public Economics, and Labor Economics.  During her time as a graduate student at UC San Diego, Dr. Khoury served as a research assistant and teaching assistant in the department of Economics and the School of Global Policy and Strategy. Before attending graduate school, Dr. Khoury worked as an associate economist at an economic consulting firm specializing in labor disputes. There, she built and analyzed large databases to create statistical analyses and damages estimates for class-action lawsuits and audits related to alleged discrimination and wage and hour disputes.

JENNIFER ROSENDIN, VICE PRESIDENT

Jennifer Rosendin is a Vice President at Intensity with expertise in valuation of intellectual property, economic and financial modeling, and statistical analyses. Ms. Rosendin applies her expertise in conducting rigorous analyses to high-stakes commercial litigation and to assisting clients in evaluating complex business decisions. Ms. Rosendin provides analysis and economic consulting on issues including:

  • Reasonable royalties
  • Lost profits
  • Unjust enrichment
  • Commercial success
  • Irreparable harm
  • Licensing
  • Prejudgment interest
  • Valuation
  • Business analytics

Ms. Rosendin has expertise and experience across a range of industries. Her work spans electronics (including semiconductors, consumer electronics, and telecommunications), the life sciences (including medical devices, pharmaceuticals, and medical testing), entertainment, financial banking, e-commerce, and sports, among others.

Prior to joining Intensity, Ms. Rosendin served as an economist for a large global professional services corporation focused on government infrastructure and development. In this capacity, she traveled to Afghanistan, Iraq, and South Sudan to measure the local economic impacts of various United States Agency for International Development (USAID)-funded projects.

Ms. Rosendin earned her M.A. degree in Development Economics from the University of California, San Diego, and her B.A. in International Relations from the University of California, Berkeley.

ANUSHREE SUBRAMANIAM, Ph.D. VICE PRESIDENT

Anushree Subramaniam, Ph.D. is a Vice President at Intensity with expertise in health economics, applied microeconomics, economics of innovation, industrial organization, and applied econometrics. Dr. Subramaniam provides economic expertise in high-stakes litigation cases relating to biotechnology and pharmaceuticals, medical devices and diagnostics, personalized medicine, consumer electronics, and telecommunication technology. Dr. Subramaniam effectively translates complex, data-driven, economic analysis into actionable insights in the following areas:

  • Intellectual property valuation
  • Lost profits
  • Reasonable royalties
  • Unjust enrichment
  • Irreparable harm
  • Injunctive relief
  • Commercial success
  • Licensing
  • Public health

Dr. Subramaniam earned her Ph.D. in economics from the University of Chicago, where she specialized in health economics and applied microeconomics. Prior to earning her Ph.D., Dr. Subramaniam earned Bachelor of Science degrees in Economics and Mathematics from the Massachusetts Institute of Technology. Dr. Subramaniam received the prestigious Mellon/ACLS Dissertation Completion Fellowship in recognition of her dissertation work relating to the value of healthcare innovation.