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LITIGATION SUPPORT SERVICES


CENTER FOR RAPID RESPONSE ENGINEERING® SOLUTIONS

ENGINEERING AND SCIENTIFIC CONSULTING SERVICES

Resume of UTF, CPA, PE, Reg. Patent Agent

EXPERTISE AND SERVICES

Engineer, Certified Public Accountant, Certified Fraud Examiner, Management Consultant, Expert Witness Testimony, Forensic Accountant, Intellectual Property Specialist, Expert, Engineering Consulting Services
Expertise in litigation, valuation, and forensic services, damage quantification in breach of contract, business interruption, construction, dealer/distributor termination, intellectual property infringement litigation matters, business and intangible asset valuation, fraud and forensic investigations, with specialization in Intellectual Property

PRINCIPAL INDUSTRIES SERVED
Automotive, Construction, Communications, Consumer/Industrial Electronics, Financial, Legal, Manufacturing, Medical, Optics, Packaging, Railroad, Rubber, Software, Steel Production

EDUCATION
M.B.A., Finance, University of Chicago
M.S., Engineering, Illinois Institute of Technology
B.S., Engineering, Michigan State University

PROFESSIONAL EXPERIENCE
Kevin Kennedy & Associates, Inc.

Providing engineering consulting, certified public accounting, certified fraud examination, management consulting, expert testimony, forensic accounting, and related expertise to a wide variety of clients.

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Case Studies

Partner, litigation and valuation services company

Primarily responsible for assisting companies and their legal counsel in developing and analyzing issues related to valuation, forensic accounting, and economic damage quantification.

This KKAI consultant has substantial experience in developing approaches for the determination of economic damages in a wide variety of litigation engagements. Case experience includes anti-trust, breach of contract, business interruption, construction, dealer/distributor termination, environmental, and intellectual property matters, among others.

INTELLECTUAL PROPERTY EXPERIENCE

This consultant's assistance to clients in intellectual property matters includes litigation engagements, licensing, royalty audits, valuation, and intellectual property management consulting. Having been involved in over 300 assignments, the subject matter has included utility and design patents, trademarks, copyrights and trade secrets. Damage issues evaluated include lost profits, reasonable royalties, unjust enrichment and prejudgment interest. Analyses performed have included evaluations of incremental profitability, capacity, market potential, price erosion, collateral sales, cost of invested capital, the allocation of joint costs, and others. This consultant has provided expert testimony in federal courts, state courts, and arbitrations. Assignments have been in a variety of industries including automotive, banking, computer software, construction, consumer and industrial electronics, general manufacturing, healthcare, medical devices, packaging, railroad, rubber, steel, and telecommunications.

Specific examples of his experience include:
Intellectual Property Management & Valuation
Reviewed the intellectual property management program at a major telecommunications company related to the identification, valuation, and disposition of non-core technologies.

Performed a valuation of patents in the metal cutting industry.

Developed a licensing compliance program for an international software company.

Provided consultation to a company involved in dissolving an international joint venture. This engagement involved the identification and valuation of the intellectual assets developed during the joint venture.

Performed a valuation of patented computer chip technology and associated business line.

Performed a valuation of automotive diagnostics technology.

Performed a valuation of patents in the medical technology industry that were related to a breathing apparatus and method of using the apparatus for exercising the lungs of a patient with asthma.

Performed numerous evaluations on the economics of licensing, various licensing options (including cost to design around), and license clauses related to rate structure and other business issues.

Provided valuation assistance to a university attempting to license a novel sound enhancement technology. This engagement involved the determination of the potential market for the technology and the investigation of various comparable technologies.


License & Royalty Compliance
Performed numerous software and technology royalty audits of corporations on a worldwide basis.

Provided expert testimony in a royalty dispute arbitration between two software developers.

Provided expert testimony in a royalty dispute arbitration between a value added reseller and a software developer.


Infringement / Misappropriation Damages & Expert Testimony
Managed a patent infringement damages engagement concerning a fabric finishing technique in the garment industry. The analysis required the determination of incremental profit related to a single product in a firm that made hundreds of products.

Provided expert testimony in a patent infringement case that involved the manufacturing and sales of industrial valves.

Evaluated alleged economic damages stemming from allegedly misappropriated trade secret information concerning pricing, supplier contacts, and customer lists.

Provided an expert report used in a royalty dispute arbitration between two software developers. The engagement involved the determination of the proper royalty payments over a 10 year period as well alleged lost profits from tardy product releases.

Determined lost profits and the reasonable royalty position in a case involving automotive air compressor technology.

Assisted in the determination of damages suffered by an electronics firm due to the infringement of various patents related to autofocus camera technology. Also provided assistance to counsel during the discovery process.

Provided expert testimony in a trademark case in the beverage industry. The case involved lost profits as well the determination of a reasonable royalty.

Assisted counsel in the determination of damages in a trade secret litigation involving computer software development knowledge. Evaluated a reasonable time period for injunctive relief as well as approaches for monetary compensation.

Provided expert testimony in a case involving economic losses from alleged misappropriated equipment designs.

Managed a design patent / tradedress infringement damages engagement involving food packaging designs. The analysis included the determination of incremental revenues and costs.

Provided expert testimony in a trademark infringement case involving batteries sold internationally.

ADDITIONAL EXPERIENCE

EXPERT WITNESS TESTIMONY
Case involving major brewing companies, deposition, trial testimony
Case involving transportation manufacturing firm and major city transit authority, deposition
Case involving dental technology manufacturer, deposition, trial testimony
Case involving major battery manufacturer, deposition, trial testimony
Case involving manufacturing firm, arbitration testimony.
Case involving plastics manufacturer and engineering firm, deposition
Case involving worldwide information technology consulting firm, deposition
Case involving hospital and medical center, deposition
Case involving safety compliance and training firms, arbitration testimony
Case involving environmental technology, trial testimony
Case involving industrial engineering, deposition
Case involving hospital medical center, deposition
Case involving technology firms, deposition
Case involving manufacturer and major automotive manufacturer, deposition
Case involving major automotive parts supplier, deposition
Case involving construction firm, arbitration testimony
Case involving real estate investment firm, arbitration testimony
Case involving financial firms, deposition, trial testimony
Case involving die manufacturers, deposition
Case involving financial investment firm, arbitration testimony
Case involving major truck manufacturer, arbitration testimony
Case involving major franchise operation, deposition
Case involving development firm, trial testimony
Case involving assisted living corporation, arbitration testimony
Case involving braking systems firm, deposition
Case involving medical technologies firm, arbitration testimony
Case involving major personal computer industry firm, deposition
Case involving securities firm, arbitration testimony
Case involving major automotive manufacturing firms, deposition
Case involving major financial investment firm, arbitration testimony
Case involving construction firm, deposition
Case involving major automotive manufacturer, deposition
Case involving manufacturer and global automotive supplier, arbitration testimony

PROFESSIONAL REGISTRATION
Certified Public Accountant, IL, OH
Registered Professional Engineer, IL, OH, MI
Certified Fraud Examiner, Association of Certified Fraud Examiners
Registered Patent Agent, U. S. Patent & Trademark Office
Certified Management Accountant, Institute of Management Accountants
Certified Software Manager, Software & Information Industry Association
Automotive Product Development Mgmt Certificate, Society of Automotive Engineers
Roster of Neutrals, Commercial Panel American Arbitration Association

PROFESSIONAL AFFILIATIONS
American Institute of Certified Public Accountants
Licensing Executives Society
Society of Automotive Engineers
Illinois CPA Society
Association of Certified Fraud Examiners
Institute of Management Accountants
American Society of Appraisers

PUBLICATIONS
Author of numerous intellectual property publications and presentations on topics related to determination of damages in patent litigation, patent infringement litigation damages, using financial data in legal practice, intellectual property litigation & business strategy, software sales channel options, license monitoring and royalty management, intellectual property and intangible assets, technology transfer solutions for universities and nonprofit organizations, trade secrets litigation, intellectual property valuation basics, and more.

Please note that this is an abbreviated CV. A fully detailed unabridged CV is available under special circumstances.

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Case Studies

Engineer, Certified Public Accountant, Certified Fraud Examiner, Management Consultant, Expert Witness Testimony, Forensic Accountant, Intellectual Property Specialist, Expert, Engineering Consulting Services
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Kevin Kennedy & Associates, Inc.
Rapid Response Engineering® Solutions
3905 Vincennes Road, Suite 320
Indianapolis, Indiana 46268
(317) 536-7000 voice
(317) 536-7220 fax

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