UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before The Honorable MaryJoan McNamara
`Administrative Law Judge
`
`In the Matter of
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`CERTAIN SYNTHETIC ROOFING
`UNDERLAYMENT PRODUCTS AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1202
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`
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`RESPONDENTS’ IDENTIFICATION OF EXPERT WITNESSES
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`Pursuant to the date set forth in Order No. 5, Respondents Atlas Roofing Corporation,
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`CertainTeed LLC, DuPont De Nemours, Inc., E.I. du Pont De Nemours and Company, Epilay,
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`Inc., GAF Materials LLC, InterWrap Corp., Owens Corning, Owens Corning Roofing & Asphalt,
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`LLC, System Components Corporation, and TAMKO Building Products LLC (collectively
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`“Respondents”) submit this list of expert witnesses, including their expertise and curriculum vitae.
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`Respondents may present the witnesses at the hearing, either live or, by approval of ALJ
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`McNamara, by deposition, affidavit, or witness statement. Respondents reserve the right to
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`supplement and amend this identification of expert witnesses as appropriate.
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`A. W. Christopher Bakewell
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`Chris Bakewell is a Managing Director of Duff & Phelps, LLC. Mr. Bakewell is an expert
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`in economics and the economic issues relating to intellectual property. Mr. Bakewell has served
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`as an expert on damages issues in commercial litigation matters, including intellectual property
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`cases, and has testified before the International Trade Commission as an expert on economic
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`issues, including as they relate to issues such as commercial success, domestic industry, remedy
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`and the public interest. Mr. Bakewell may testify regarding the domestic industry, secondary
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`considerations, appropriate remedy, and bonding. Mr. Bakewell may also testify in rebuttal to
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`address Complainant’s expert testimony, and in rebuttal to other issues asserted by Complainant.
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`A copy of Mr. Bakewell’s curriculum vitae is attached as Exhibit A.
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`B.
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`Harold Bissner
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`Harold Bissner is an expert in the technical matters in this case, including, without
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`limitation, the composition, assembly, and performance of roofing and roofing underlayments and
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`related engineering matters. Mr. Bissner may provide expert testimony regarding the technical
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`background of the asserted patent; the claim construction of the asserted patent; the validity and/or
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`enforceability of the asserted patent; the design, structure, function and operation of relevant
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`products, including accused products and the domestic industry products, and whether such
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`products practice any claims of the asserted patent; the knowledge of a person of ordinary skill in
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`the art; the scope and content of the prior art; the design, structure, function and operation of any
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`prior art products and designs; remedy; any secondary considerations of nonobviousness; and
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`other issues in connection with the Respondents’ invalidity, unenforceability, non-infringement,
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`domestic industry, public interest, other defenses, and any other technical or other issues that may
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`arise. Mr. Bissner may also testify in rebuttal to address Complainant’s expert testimony, and in
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`rebuttal to other issues asserted by Complainant. Mr. Bissner’s CV is attached as Exhibit B.
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`C.
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`Stephen Callan, M.S., B.S.
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`Stephen Callan is the President and Technical Director of Polymer Testing of St. Louis,
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`Inc. Mr. Callan is an expert in the technical matters in this case including, without limitation,
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`polymer chemistry. Mr. Callan may provide expert testimony regarding the technical background
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`of the asserted patent; the claim construction of the asserted patent; the validity and/or
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`enforceability of the asserted patent; the design, structure, function and operation of relevant
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`products, including accused products and the domestic industry products, and whether such
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`products practice any claims of the asserted patent; the knowledge of a person of ordinary skill in
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`the art; the scope and content of the prior art; the design, structure, function and operation of any
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`prior art products and designs; remedy; any secondary considerations of nonobviousness; and
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`other issues in connection with the Respondents’ invalidity, unenforceability, non-infringement,
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`domestic industry, public interest, other defenses, and any other technical or other issues that may
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`arise. Mr. Callan may also testify in rebuttal to address Complainant’s expert testimony, and in
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`rebuttal to other issues asserted by Complainant. Mr. Callan’s CV is attached as Exhibit C.
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`D.
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`Peter J. Hauser, Ph.D., M.S.
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`Peter J. Hauser, Ph.D. is a Professor Emeritus at North Carolina State University. Dr.
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`Hauser is an expert in the technical matters in this case including, without limitation, textile and
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`polymer engineering and materials science. Dr. Hauser may provide expert testimony regarding
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`the technical background of the asserted patent; the claim construction of the asserted patent; the
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`validity and/or enforceability of the asserted patent; the design, structure, function and operation
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`of relevant products, including accused products and the domestic industry products, and whether
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`such products practice any claims of the asserted patent; the knowledge of a person of ordinary
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`skill in the art; the scope and content of the prior art; the design, structure, function and operation
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`of any prior art products and designs; remedy; any secondary considerations of nonobviousness;
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`and other issues in connection with the Respondents’ invalidity, unenforceability, non-
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`infringement, domestic industry, public interest, other defenses, and any other technical or other
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`issues that may arise. Dr. Hauser may also testify in rebuttal to address Complainant’s expert
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`testimony, and in rebuttal to other issues asserted by Complainant. Dr. Hauser’s CV is attached
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`as Exhibit D.
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`E.
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`Krishnamurthy Jayaraman, Ph.D., M.A., B.Tech.
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`Krishnamurthy Jayaraman., Ph.D. is a Professor in the Department of Chemical
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`Engineering & Materials Science at Michigan State University. Dr. Jayaraman is an expert in the
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`technical matters in this case including, without limitation, chemical engineering and materials
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`science. Dr. Jayaraman may provide expert testimony regarding the technical background of the
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`asserted patent; the claim construction of the asserted patent; the validity and/or enforceability of
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`the asserted patent; the design, structure, function and operation of relevant products, including
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`accused products and the domestic industry products, and whether such products practice any
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`claims of the asserted patent; the knowledge of a person of ordinary skill in the art; the scope and
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`content of the prior art; the design, structure, function and operation of any prior art products and
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`designs; remedy; any secondary considerations of nonobviousness; and other issues in connection
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`with the Respondents’ invalidity, unenforceability, non-infringement, domestic industry, public
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`interest, other defenses, and any other technical or other issues that may arise. Dr. Jayaraman may
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`also testify in rebuttal to address Complainant’s expert testimony, and in rebuttal to other issues
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`asserted by Complainant. Dr. Jayaraman’s CV is attached as Exhibit E.
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`F.
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`Richard T. Kaczkowski, M.Sc., B.Sc., S.E., P.E.
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`Richard T. Kaczkowski, M.Sc., is Vice President and Structural Engineering and
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`Mechanics Group Manager at CTL Group. Mr. Kaczkowski is an expert in the technical matters
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`in this case, including, without limitation, the composition, assembly, and performance of roofing
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`and roofing underlayments and related engineering matters. Mr. Kaczkowski may provide expert
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`testimony regarding the technical background of the asserted patent; the claim construction of the
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`asserted patent; the validity and/or enforceability of the asserted patent; the design, structure,
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`function and operation of relevant products, including accused products and the domestic industry
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`products, and whether such products practice any claims of the asserted patent; the knowledge of
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`a person of ordinary skill in the art; the scope and content of the prior art; the design, structure,
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`function and operation of any prior art products and designs; remedy; any secondary
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`considerations of nonobviousness; and other issues in connection with the Respondents’
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`invalidity, unenforceability, non-infringement, domestic industry, public interest, other defenses,
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`and any other technical or other issues that may arise. Mr. Kaczkowski may also testify in rebuttal
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`to address Complainant’s expert testimony, and in rebuttal to other issues asserted by
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`Complainant. Mr. Kaczkowski’s CV is attached as Exhibit F.
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`G.
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`Bruce Kanter
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`Bruce Kanter is an expert in the technical matters in this case, including, without
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`limitation, the composition, assembly, and performance of roofing and roofing underlayments and
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`related engineering matters. Mr. Kanter may provide expert testimony regarding the technical
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`background of the asserted patent; the claim construction of the asserted patent; the validity and/or
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`enforceability of the asserted patent; the design, structure, function and operation of relevant
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`products, including accused products and the domestic industry products, and whether such
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`products practice any claims of the asserted patent; the knowledge of a person of ordinary skill in
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`the art; the scope and content of the prior art; the design, structure, function and operation of any
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`prior art products and designs; remedy; any secondary considerations of nonobviousness; and
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`other issues in connection with the Respondents’ invalidity, unenforceability, non-infringement,
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`domestic industry, public interest, other defenses, and any other technical or other issues that may
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`arise. Mr. Kanter may also testify in rebuttal to address Complainant’s expert testimony, and in
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`rebuttal to other issues asserted by Complainant. Mr. Kanter’s CV is attached as Exhibit G.
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`H. Michael Nranian
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`Michael Nranian is an expert in the technical matters in this case, including, without
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`limitation, the composition, assembly, and performance of roofing and roofing underlayments and
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`related engineering matters. Mr. Nranian may provide expert testimony regarding the technical
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`background of the asserted patent; the claim construction of the asserted patent; the validity and/or
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`enforceability of the asserted patent; the design, structure, function and operation of relevant
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`products, including accused products and the domestic industry products, and whether such
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`products practice any claims of the asserted patent; the knowledge of a person of ordinary skill in
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`the art; the scope and content of the prior art; the design, structure, function and operation of any
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`prior art products and designs; remedy; any secondary considerations of nonobviousness; and
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`other issues in connection with the Respondents’ invalidity, unenforceability, non-infringement,
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`domestic industry, public interest, other defenses, and any other technical or other issues that may
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`arise. Mr. Nranian may also testify in rebuttal to address Complainant’s expert testimony, and in
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`rebuttal to other issues asserted by Complainant. Mr. Nranian’s CV is attached as Exhibit H.
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`I.
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`Duane B. Priddy, Ph.D., B.A.
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`Duane B. Priddy, Ph.D. is an Adjunct Professor at Central Michigan University. Dr.
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`Priddy is an expert in the technical matters in this case including, without limitation, polymeric
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`materials and manufacturing processes of plastics. Dr. Priddy may provide expert testimony
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`regarding the technical background of the asserted patent; the claim construction of the asserted
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`patent; the validity and/or enforceability of the asserted patent; the design, structure, function and
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`operation of relevant products, including accused products and the domestic industry products,
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`and whether such products practice any claims of the asserted patent; the knowledge of a person
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`of ordinary skill in the art; the scope and content of the prior art; the design, structure, function
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`and operation of any prior art products and designs; remedy; any secondary considerations of
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`nonobviousness; and other
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`issues
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`in connection with
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`the Respondents’
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`invalidity,
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`unenforceability, non-infringement, domestic industry, public interest, other defenses, and any
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`other technical or other issues that may arise. Dr. Priddy may also testify in rebuttal to address
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`Complainant’s expert testimony, and in rebuttal to other issues asserted by Complainant. Dr.
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`Priddy’s CV is attached as Exhibit I.
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`J.
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`Maureen Reitman, Sc.D., F.S.P.E., P.E.
`
`Maureen Reitman, Sc.D., is a Vice President, Principal Engineer and Practice Director of
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`Exponent. Dr. Reitman is an expert in the technical matters in this case including, without
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`limitation, material sciences and engineering. Dr. Reitman may provide expert testimony
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`regarding the technical background of the asserted patent; the claim construction of the asserted
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`patent; the validity and/or enforceability of the asserted patent; the design, structure, function and
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`operation of relevant products, including accused products and the domestic industry products,
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`and whether such products practice any claims of the asserted patent; the knowledge of a person
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`of ordinary skill in the art; the scope and content of the prior art; the design, structure, function
`
`and operation of any prior art products and designs; remedy; any secondary considerations of
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`nonobviousness; and other
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`issues
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`in connection with
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`the Respondents’
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`invalidity,
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`unenforceability, non-infringement, domestic industry, public interest, other defenses, and any
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`other technical or other issues that may arise. Dr. Reitman may also testify in rebuttal to address
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`Complainant’s expert testimony, and in rebuttal to other issues asserted by Complainant. Dr.
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`Reitman’s CV is attached as Exhibit J.
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`K.
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`Opinion Testimony From Other Witnesses
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`In addition to the expert witnesses identified above, Respondents reserve the right to offer
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`opinion testimony from lay witnesses that they call at the hearing in this Investigation as to matters
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`within the perception of the lay witness. Respondents further reserve the right to elicit testimony
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`that may be deemed expert testimony from lay witnesses who have the requisite scientific,
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`technical, or other specialized knowledge to provide that testimony and hereby designate those
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`lay witnesses with regard to such testimony.
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`
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`Date: July 9, 2020
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`Respectfully submitted,
`
`
`
`
`
`/s/ Helena D. Kiepura
`Paul F. Brinkman, P.C.
`Gregg F. LoCascio, P.C.
`Michael A. Pearson, Jr.
`Helena D. Kiepura
`Nichole B. DeJulio
`Kelly Tripathi
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004
`Telephone: (202) 389-5000
`Facsimile: (202) 389-5200
`E-Mail: CertainTeed-Kirsch@kirkland.com
`
`Counsel for Respondent CertainTeed LLC
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`/s/ John (Jay) Neukom
`John (Jay) Neukom
`SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
`525 University Avenue
`Palo Alto, California 94301-1908
`Telephone: (650) 470-4560
`Facsimile: (650) 798-6525
`E-Mail: DLPKIRSCH@skadden.com
`
`Paul M. Bartkowski
`ADDUCI MASTRIANI & SCHAUMBERG, LLP
`1133 Connecticut Avenue, NW, 12th Floor
`Washington, DC 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 466-2006
`E-Mail: GAF-001@adduci.com
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`Counsel for Respondent GAF Materials LLC
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`
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`/s/ Paul M. Bartkowski
`Paul M. Bartkowski
`ADDUCI MASTRIANI & SCHAUMBERG, LLP
`1133 Connecticut Avenue, NW, 12th Floor
`Washington, DC 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 466-2006
`E-Mail: Atlas-001@adduci.com
`
`U.S. (Mickey) Gill
`NIXON & VANDERHYE P.C.
`901 N. Glebe Rd., Suite 1100
`Arlington, VA 22203
`Telephone: (703) 816-4000
`Facsimile: (703) 816-4100
`E-Mail: usg@nixonvan.com
`
`Counsel for Respondent Atlas Roofing Corporation
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`/s/ Kathryn L. Clune
`Kathryn L. Clune
`Benjamin J. Christoff
`CROWELL & MORING, LLP
`Suite 800 South
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`Tel: (202)-624-2507
`Fax: (202) 628-5116
`E-Mail: DuPont-ITC@crowell.com
`
`Jacob Z. Zambrzycki
`CROWELL & MORING, LLP
`590 Madison Avenue, 20th Floor
`New York, NY 10022-2524
`Tel: (212) 223-4000
`Fax: (212) 223-4134
`E-Mail: Dupont-ITC@crowell.com
`Counsel for Respondents DuPont de Nemours,
`Inc. and E.I. du Pont de Nemours and Company
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`
`/s/ David M. Maiorana
`David M. Maiorana
`John C. Evans
`JONES DAY
`901 Lakeside Avenue
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`dmaiorana@jonesday.com
`jcevans@jonesday.com
`OwensCorning-ITC-Service@jonesday.com
`
`Blaney Harper
`Yury Kalish
`R. Levent Hergüner
`JONES DAY
`51 Louisiana Avenue, NW
`Washington, DC 20001-2113
`Telephone: (202) 879-3939
`bharper@jonesday.com
`ykalish@jonesday.com
`rlherguner@jonesday.com
`OwensCorning-ITC-Service@jonesday.com
`
`Sasha Mayergoyz
`Rita J. Yoon
`JONES DAY
`77 West Wacker Drive, Suite 3500
`Chicago, IL 60601-1692
`Telephone: (312) 782-3939
`smayergoyz@jonesday.com
`ryoon@jonesday.com
`OwensCorning-ITC-Service@jonesday.com
`
`Counsel for Respondents Owens Corning, Owens
`Corning Roofing & Asphalt, LLC, and InterWrap
`Corp.
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`/s/ John A Marlott
`John A. Marlott
`JONES DAY
`77 West Wacker Drive, Suite 3500
`Chicago, IL 60601-1692
`Telephone: (312) 782-3939
`jamarlott@jonesday.com
`TAMKO-ITC-Service@jonesday.com
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`Counsel for TAMKO Building Products, LLC
`
`
`/s/ Benjamin Levi
`Benjamin Levi
`Rett Snotherly
`LEVI & SNOTHERLY, PLLC
`1101 Connecticut Avenue, N.W., Suite 450
`Washington, DC 20036
`Telephone: (202) 997-3711
`Telecopier: (202) 331-1324
`Email: Epilay-LS-1202@levisnotherly.com
`
`Stephen E. Feldman
`FELDMAN LAW GROUP
`220 E. 42nd Street, Suite 3304
`New York, NY 10017
`Telephone: (212) 532-8585
`Telecopier: (212) 532-8598
`Email: SFeldman@feldman-law.com
`
`Eugene Rzucidlo
`7921 Byron Ave #307,
`Miami Beach, FL 33141
`Telephone: (201) 264-7454
`Email: generz1@gmail.com
`
`Counsel for Epilay, Inc.
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`/s/ Patrick J. McCarthy
`Patrick J. McCarthy
`GOODWIN PROCTER LLP
`1900 N Street, N.W.
`Washington, D.C. 20036
`Telephone: 202-346-4000
`Facsimile: 202-346-4444
`PMcCarthy@goodwinlaw.com
`DG-SystemComponents_1202@goodwinlaw.com
`
`Christie Larochelle
`GOODWIN PROCTER LLP
`100 Northern Avenue
`Boston, MA 02210
`Telephone: 617-570-1000
`Facsimile: 617-523-1231
`CLarochelle@goodwinlaw.com
`DG-SystemComponents_1202@goodwinlaw.com
`
`Lucas V. Haugh
`John F. Bennett
`Rachael L. Rodman
`ULMER & BERNE LLP
`600 Vine Street, Suite 2800
`Cincinnati, OH 45202
`Office: 513-698-5000
`Facsimile: 513-698-5153
`jbennett@ulmer.com
`dhaugh@ulmer.com
`rrodman@ulmer.com
`
`Counsel for Respondent System Components
`Corporation
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`

`

`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`
`Inv. No. 337-TA-1202
`
`
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`
`
`CERTIFICATE OF SERVICE
`I, Celina M. Moo-Penn, hereby certify that on July 9, 2020, copies of the foregoing
`document were filed and served upon the following parties as indicated:
`Lisa R. Barton
` Via First Class Mail
`Secretary to the Commission
` Via Hand Delivery
`U.S. International Trade Commission
` Via Express Delivery
`500 E Street, S.W., Room 112
` Via Electronic Filing (EDIS)
`Washington, D.C. 20436
`The Honorable MaryJoan McNamara
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W., Room 317
`Washington, D.C. 20436
`McNamara337@usitc.gov
`jae.lee@usitc.gov
`
` Via First Class Mail
` Via Hand Delivery
` Via Express Delivery
` Via Electronic Mail
`
`

`

`Inv. No. 337-TA-1202
`
`
`
`
`
`
`
`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`On Behalf of Complainant Kirsch Research and Development, LLC
`Marc A. Fenster
` Via First Class Mail
`Benjamin T. Wang
` Via Hand Delivery
`Amy E. Hayden
` Via Express Delivery
`Theresa M. Troupson
` Via Electronic Mail
`Jonathan Ma
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Telephone: (310) 826-7474
`
`Matthew D. Aichele
`RUSS AUGUST & KABAT
`800 Main Avenue, SW, Suite 200
`Washington, DC 20024
`Phone: (202) 664-0623
`
`Email: rak_kirsch_itc@raklaw.com
`
`K. Andrew Kent
`RINCON VENTURE LAW GROUP
`2801 Townsgate Road, Suite 200
`Westlake Village, CA 91361
`Phone: (805) 557-0580
`
`Jonathan D. Link
`MORRIS, MANNING & MARTIN, LLP
`1401 Eye Street, N.W. Suite 600
`Washington, D.C. 20005
`Telephone: (202) 408-5153
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`2
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`Inv. No. 337-TA-1202
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`
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`
`
` Via First Class Mail
` Via Hand Delivery
` Via Express Delivery
` Via Electronic Mail
`
`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`
`On Behalf of Respondent Atlas Roofing Corporation:
`Paul M. Bartkowski
`Michael R. Doman, Jr.
`Catherine S. Gault
`ADDUCI,MASTRIANI &SCHAUMBERG,
`LLP
`1133 Connecticut Avenue, NW, 12th Floor
`Washington, DC 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 466-2006
`
`E-Mail: Atlas-001@adduci.com
`
`U.S. (Mickey) Gill
`H. Warren Burnam, Jr.
`Joseph A. Rhoa
`Joseph S. Presta
`Sheri L. Gordon
`NIXON &VANDERHYE P.C.
`901 N. Glebe Rd., Suite 1100
`Arlington, VA 22203
`Telephone: (703) 816-4000
`Facsimile: (703) 816-4100
`
`E-Mail: NVAtlasITC@nixonvan.com
`
`
`On Behalf of Respondents DuPont De Nemours, Inc. and E.I. du Pont De Nemours:
`Kathryn L. Clune
` Via First Class Mail
` Via Hand Delivery
`Benjamin J. Christoff
`CROWELL & MORING, LLP
` Via Express Delivery
` Via Electronic Mail
`1001 Pennsylvania Avenue, NW
`Washington, DC 20004-2595
`Tel: (202) 624-2500
`Fax: (202) 628-5116
`
`Jacob Z. Zambrzycki
`CROWELL & MORING, LLP
`590 Madison Avenue, 20th Floor
`New York, NY 10022-2524
`Tel: (212) 223-4000
`Fax: (212) 223-4134
`
`E-Mail: Dupont-ITC@crowell.com
`
`
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`3
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`Inv. No. 337-TA-1202
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`
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`
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` Via First Class Mail
` Via Hand Delivery
` Via Express Delivery
` Via Electronic Mail
`
`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`On Behalf of Respondent Epilay, Inc.:
`Benjamin Levi
`Rett Snotherly
`LEVI & SNOTHERLY, PLLC
`1101 Connecticut Avenue, N.W., Suite 450
`Washington, DC 20036
`Telephone: (202) 997-3711
`Telecopier: (202) 331-1324
`
`Email: Epilay-LS-1202@levisnotherly.com
`
`Stephen E. Feldman
`FELDMAN LAW GROUP
`220 E. 42nd Street, Suite 3304
`New York, NY 10017
`Telephone: (212) 532-8585
`Telecopier: (212) 532-8598
`
`Email: SFeldman@feldman-law.com
`
`Eugene Rzucidlo
`7921 Byron Ave #307,
`Miami Beach, FL 33141
`Telephone: (201) 264-7454
`
`Email: generz1@gmail.com
`
`
`
`4
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`

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`Inv. No. 337-TA-1202
`
`
`
`
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`
`
` Via First Class Mail
` Via Hand Delivery
` Via Express Delivery
` Via Electronic Mail
`
`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`
`On Behalf of Respondent GAF Corporation:
`John (Jay) Neukom
`James Y. Pak
`Christopher B. McKinley
`Michelle Kao
`SKADDEN, ARPS, SLATE, MEAGHER
`&FLOM LLP
`525 University Avenue
`Palo Alto, California 94301-1908
`Telephone: (650) 470-4560
`Facsimile: (650) 798-6525
`
`Edward L. Tulin
`Rachel R. Blitzer
`SKADDEN, ARPS, SLATE, MEAGHER
`&FLOM LLP
`One Manhattan West
`New York, New York 10001
`Telephone: (212) 735-3000
`Facsimile: (212) 735-2000
`
`Paul M. Bartkowski
`Michael R. Doman, Jr.
`Catherine S. Gault
`ADDUCI,MASTRIANI &SCHAUMBERG,
`LLP
`1133 Connecticut Avenue, NW, 12th Floor
`Washington, DC 20036
`Telephone: (202) 467-6300
`Facsimile: (202) 466-2006
`
`E-Mail: DLPKIRSCH@skadden.com
`E-Mail: GAF-001@adduci.com
`
`
`
`5
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`

`

`Inv. No. 337-TA-1202
`
`
`
`
`
`
`
`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`
`On Behalf of Respondents Owens Corning, Owens Corning Roofing & Asphalt, LLC, and
`InterWrap Corporation:
`David M. Maiorana
`John C. Evans
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, OH 44114
`Telephone: (216) 586-3939
`Facsimile: (216) 579-0212
`
`Sasha Mayergoyz
`Rita J. Yoon
`JONES DAY
`77 West Wacker Drive, Suite 3500
`Chicago, IL 60601-1692
`Telephone: (312) 782-3939
`Facsimile: (312) 782-8585
`
`Blaney Harper
`Yury Kalish
`R. Levent Hergüner
`JONES DAY
`51 Louisiana Avenue, NW
`Washington, DC 20001-2113
`Telephone: (202) 879-3939
`Facsimile: (202) 626-1700
`
`Email: OwensCorning-ITC-Service@jonesday.com
`
` Via First Class Mail
` Via Hand Delivery
` Via Express Delivery
` Via Electronic Mail
`
`
`
`
`
`6
`
`

`

`Inv. No. 337-TA-1202
`
`
`
`
`
`
`
`In the Matter of Certain Synthetic Roofing
`Underlayment Products and Components Thereof
`
`On Behalf of Respondent System Components Corporation:
`Patrick J. McCarthy
` Via First Class Mail
`Goodwin Procter LLP
` Via Hand Delivery
`1900 N Street, N.W.
` Via Express Delivery
`Washington, D.C. 20036
` Via Electronic Mail
`Telephone: 202-346-4000
`Facsimile: 202-346-4444
`
`Christie Larochelle
`Goodwin Procter LLP
`100 Northern Avenue
`Boston, MA 02210
`Telephone: 617-570-1000
`Facsimile: 617-523-1231
`
`Email: DG-
`SystemComponents_1202@goodwinlaw.com
`
`John F. Bennett
`Rachael L. Rodman
`Lucas V. Haugh
`Ulmer & Berne LLP
`600 Vine Street, Suite 2800
`Cincinnati, OH 45202
`Office: 513-698-5000
`Facsimile: 513-698-5153
`
`Email: Kirsch-ITC@ulmer.com
`
`
`On Behalf of Respondent TAMKO Building Products LLC:
` Via First Class Mail
`John A. Marlott
`JONES DAY
` Via Hand Delivery
` Via Express Delivery
`77 West Wacker Drive, Suite 3500
` Via Electronic Mail
`Chicago, IL 60601-1692
`Telephone: (312) 782-3939
`
`Email: Tamko-ITC-Service@jonesday.com
`
`
`
`
`
`
`
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`
`
`/s/ Celina M. Moo-Penn
`Celina M. Moo-Penn, Senior Paralegal
`Kirkland & Ellis LLP
`
`7
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`

`

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`
`Exhibit A
`
`Exhibit A
`
`
`

`

`PHELPS
`
`DUFF
`
`W. Christopher Bakewell, ASA, CLP
`Managing Director and Global Intellectual Property Disputes and Advisory Services Leader
`
`E chris.bakewelleuffandghelgs.com
`
`T +1 (713) 237-5336
`M +1 (281) 787-8926
`
`Chris Bakewell is a Managing Director and the leader of the intellectual property
`advisory services practice. Chris also serves as city leader in the Houston office
`of Duff & Phelps. Chris‘ client assignments include valuation and strategic
`management of technology-rich businesses and intellectual property rights,
`valuation of companies and intangible assets in connection with business
`transactions, licensing, transaction-related advice and due diligence, as well as
`audits and investigations. Chris is consistently recognized as a top economic
`expert witness, including in the [AM Patent 1000.
`
`Chris also has expertise in matters involving patent infringement, breach of
`contract, theft of trade secrets, diminution of business value, trademark and
`copyright infringement, injunctive relief (including analyses of irreparable harm
`and ongoing royalties), international trade issues (including analyses of domestic
`industry, remedy and bonding) as well as other matters. In addition, Chris has
`experience in matters involving anti-trust and unfair competition.
`
`Chris has been qualified and testified as an expert witness in various forums,
`including Federal Court, State Court, Domestic and International Arbitration, and
`the International Trade Commission.
`
`Areas of Expertise
`
`Damages Analysis
`
`Intangible Asset
`Valuation
`
`Business Valuation
`
`Issues
`
`Licensing
`
`Strategic Business
`
`Consulting
`
`lnjunctive Relief
`
`lntemational Trade
`
`Summary of Experience
`
`In the course of providing financial and valuation analyses,
`Valuation, Finance and Other Opinion-Related Services.
`focused on issues related to discounted cash flow, evaluation of market and competitive dynamics, determination of
`capital structure, transaction and market multiples, control premiums/minority discounts, discounts for lack of liquidity,
`and other transferability considerations. Prepared fairness opinions; for example, in connection with a financial
`transaction involving medical device companies. Performed solvency analyses. Performed valuations of various
`businesses including minority and control blocks of closely-held businesses and marketability discounts. These
`valuations of businesses and assets include manufacturing, distribution, retail and services sectors.
`In addition,
`performed purchase price allocations for financial reporting purposes. Performed valuations of software and IP
`assets, including patents, trademarks, copyrights and trade secrets.
`
`Royalty Analyses and Studies. Completed numerous in—depth royalty rate and licensing analyses to assist clients in
`the development of licensing programs, evaluation of terms in licensing and contract negotiations, determination of
`fair market value for asset transfers, as well as determination of investment value. Reviewed and analyzed the terms
`and conditions of thousands of license agreements, as well as numerous other contracts. Evaluated royalties under
`various technical standards; studied and analyzed royalty rates in FRAND and RAND licensing contexts. Evaluated
`“most favored licensee" and “most favored nations” (i_e., MFN) clauses. Evaluated royalty rates and other terms
`between multinational enterprises for tax and transfer pricing purposes.
`
`
`
`1111 Bagby Street. Suite 1900
`Houston. TX 77002
`
`

`

`PHELPS
`
`DUFF
`
`W. Christopher Bakewell
`Managing Director and Global Intellectual Property Disputes and Advisory Services Leader
`
`Market Assessments. Assisted clients in determination of new markets to be developed via licensing, evaluation of
`potential counterparties and structuring/negotiation of licensing arrangements, and ongoing business analysis.
`Assisted with the determination of the optimal structure for licensing of technology. Determination of licensing
`counterparties, structuring of the potential licensing arrangements, evaluation of royalty rates, evaluation of market
`opportunities, assessment of the economic implications of technical alternatives (e.g., design-arounds, design-outs,
`and non-infringing alternatives), identification and analysis of potential markets and market segments (including the
`analysis of injunctive relief), ongoing analysis of “IP rich" investments, surveys, advanced analytical tools (e.g.,
`statistical and correlation analyses) as well as IP analytics and data mining.
`
`Investigations, Royalty Audits and Audits of Contractual Rights. Conducted royalty audits and other investigations
`related to contract compliance, including due diligence related to business transactions and fraud.
`
`Business Leadership and Contract Negotiation Assistance. Served as business unit financial leader for enterprises
`engaged in asset ownership, manufacturing, power generation, and construction. Structured, negotiated and
`evaluated investment opportunities and international
`trade issues throughout the world.
`Participated in the
`negotiation of licenses,
`joint venture agreements, partnership agreements, buy-sell arrangements, and other
`contracts.
`
`Damages and Economic Analysis. Broad range of experience in business disputes in a variety of litigation settings,
`including state court, federal court, International Trade Commission, bankruptcy court, arbitration and mediation.
`Performed various services, analyses and other activities in connection with dispute-related negotiations, both pre-
`and post-litigation.
`
`Determined and testified regarding economic damages in connection with alleged patent, trademark, and copyright
`infringement as well as regarding other forms of intellectual property (e.g., trade secrets and know-how) and
`contractual rights. Determined economic damages related to theft of trade secrets and proprietary information,
`diminution of business value, and diminution of business value related to alleged wrongful acts.
`
`As a testifying expert, performed analyses of reasonable royalties, ongoing royalties, lost profits damages, price
`erosion damages and other opinions regarding damages/remedies. Work has included the use of statistics, survey
`evidence, and other advanced analytical techniques.
`
`Speeches, Presentations 8. Publications
`
`“2018IP Value Summit” (Duff & Phelps LLC), November 2018 (program moderator)
`
`“The Evolving Patent Valuation Landscape," University of Texas Advanced Patent Law Institute, November 2017
`(panelist)
`
`“Patent Licensing Workshop: Practical Licensing Advice and the Lost Profit Analysis, ” National Chiao Tung University,
`School of Law, Two-day Seminar, Taipei and Hsinchu, Taiwan, April 2017 (presenter)
`
`“IP Asset Management: Patent Maintenance and Renewal” (Orrick, Harrington & Sutcliffe, LLP), AU Optronics Corp.,
`Hsinchu, Taiwan, April 2017 (panelist