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Brian W. Napper

J.S. Held’s Inaugural Global Risk Report Examines Potential Business Risks & Opportunities in 2024

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Brian Napper
 

Senior Managing Director | Intellectual Property

 

+1 415 946 2570 (Office)
101 Montgomery St., Suite 2100
San Francisco, CA 94104

Brian W. Napper joined J.S. Held in March of 2022 as part of J.S. Held's acquisition of Ocean Tomo. Mr. Napper is an intellectual property valuation, licensing, and commercialization expert skilled in the determination of financial damages. With over 30 years of professional experience. Mr. Napper is a Senior Testifying Consulting Expert working from the San Francisco office of Ocean Tomo, a part of J.S. Held. He is also part of the Leadership Team.

On more than 80 occasions over the last ten years, Mr. Napper has provided deposition, trial, and arbitration testimony across a wide range of courts and tribunals. His testimony in courts covers some of the most popular patent infringement forms in the country, including the ED Texas, Delaware, Nevada, ND California, ED California, WD California, ND Illinois, ED Virginia, and WD Wisconsin.

He has provided testimony before the International Trade Commission (ITC) and several Arbitration panels (including the International Chamber of Commerce) on issues of domestic industry (ITC), economic damages, and Fair Reasonable and Non‐Discriminatory (FRAND) licensing rates.

Throughout his 3-plus decade career, he has helped define IP-damages theory while serving as an expert in many damages case law precedent-setting matters, including Uniloc v Microsoft and Lucent v Gateway. He is often called upon to testify in economically significant or complex litigation matters.

Mr. Napper continues to be a guest lecturer regarding intellectual property/patent damages at a number of leading law schools, including Northwestern, NYU, and Catholic University as well as the National Technology Law Conference hosted by the National Chiao Tung University School of Law in Taipei, Taiwan.

Mr. Napper has reviewed thousands of license agreements across numerous industries. He has extensive experience in analyzing the value of and providing expert testimony related to trade secrets, the application of damages theory with respect to patents, trademarks, and copyrights as well as the determination of FRAND royalties.

Mr. Napper’s clients are based in the US, Europe, and Asia and cover various industries, including telecom, semiconductors, life sciences, medical devices, software, clean energy, cloud computing, and social media. Mr. Napper has also analyzed the value of intellectual property on hundreds of engagements for the purpose of providing transaction, valuation, commercialization, and IP management advice.

Before joining Ocean Tomo, Mr. Napper was a Senior Managing Director at FTI Consulting as global lead of IP and Co-Founder and Partner at StoneTurn Group. Prior to that, he was a Principal at Deloitte & Touche (Global Head of IP) and a Founding Shareholder of The Barrington Consulting Group. Mr. Napper worked with Ocean Tomo Co-Founders, James E. Malackowski and Andrew W. Carter at Peterson & Co., where he was a partner.

Mr. Napper is a frequent speaker on the financial, accounting, business, and legal issues related to intellectual property. He has authored several articles on intellectual property licensing, strategy, and litigation.

Mr. Napper holds a B.S. in Business Administration, Accounting, and Finance from the University of California, Berkeley. He also completed the University of California Berkeley Technology Transfer and Commercialization Study Program and subsequently was asked to teach the IP valuation segment of this program. Professionally, he is a member of the Sedona Conference FRAND International Working Group and previously participated in the Intellectual Property Owners (IP0) Damages Theories committee as well as the Chair of the Energy, Chemical and Polymers committee of the Licensing Executive Society.

Mr. Napper was a contributor to J.S. Held's 2024 Global Risk Report.