Rob Flanagan has a decade of experience providing economic consulting and expert witness services for complex, high-stakes litigation, with a focus on intellectual property, commercial disputes, and antitrust & competition. He applies his expertise in economics and finance to assess damages, reasonable royalties, lost profits, unjust enrichment, irreparable harm, commercial success, business valuation, licensing, and market definition.
Mr. Flanagan has consulted on over 80 matters across a wide range of industries, including the life sciences (pharmaceuticals, medical devices, and diagnostics), technology (software, hardware, semiconductors, telecom, and e-commerce), entertainment, financial services, and other consumer goods and services. He has been engaged to speak on intellectual property damages topics, including the evaluation of convoyed sales in the context of hardware subsidy business models and splitting the incremental profits attributable to patented technology.
Examples of Mr. Flanagan’s work include:
Intellectual property:
- Analysis of lost profits, reasonable royalties, and the appropriateness of injunctive relief due to the alleged infringement of cancer diagnostic patents.
- Analysis of reasonable royalties and commercial success due to the alleged infringement of mRNA vaccine technology.
- Analysis of reasonable royalties due to the alleged infringement of patented machine learning technology used in security software.
- Assessment of total profits attributable to article of manufacture of allegedly infringing footwear design patents.
Commercial disputes:
- Analysis of the sufficiency of controlled substance order monitoring and diversion efforts undertaken by a pharmaceutical distributor.
- Analysis of lost profits and unjust enrichment resulting from actions taken prior to closing in the divestiture of a customer care business to a private equity buyer.
- Determination of lost profits and unjust enrichment resulting from alleged false advertising claims made by a DTC medical apparel brand.
Antitrust & competition:
- Evaluation of alleged anticompetitive conduct and harm in the app distribution and payment processing markets.
- Evaluation of alleged anticompetitive conduct and harm resulting from the acquisition of a life sciences diagnostics company.
Prior to Insight Economics, Mr. Flanagan was a Director at a global economic consulting firm. He earned a B.B.A. in Economics and Accounting from the Commonwealth Honors College at the University of Massachusetts Amherst, where he co-founded a business that won the UMass Innovation Challenge and co-authored economic research published in the peer-reviewed journal Environmental Research Letters. Mr. Flanagan is an M.B.A. candidate at the University of California, Berkeley, Haas School of Business.
