“I truly believe that having a practice that balances hands-on IP strategy consulting, licensing, and valuation with testifying on IP damages makes for a more credible and well-rounded witness.”San Francisco Office
+1 415 946 2556
Deposition and trial testimony, valuation, strategy, benchmarking studies, business planning around IP, licensing, establishing FRAND rates for patent pools, monetizing IP for startups.
Economics background with an MBA in Finance, speaker on SEP/FRAND issues, lecturer at various US law schools including in London and Tokyo.
Biotech/pharma, Telecom, Clean Energy, Blockchain, Crytpo, SEP/FRAND, IoT, Manufacturing, Semiconductors
Shelly Irvine is a Managing Director in the Intellectual Property Disputes Practice and leads the San Francisco office of Ocean Tomo, a part of J.S. Held. Ms. Irvine is an experienced expert focused exclusively on clients who have intellectual property needs, both within litigation as well as advising clients regarding IP business planning, benchmarking and valuation.
Ms. Irvine has testified in federal and state court related to claimed damages for patent, copyright, and trademark infringement actions on many occasions. Ms. Irvine is skilled at navigating current and evolving case law when evaluating economic damages, including the lost profits framework/ Panduit analyses, apportionment, the analytical approach, comparable licenses, and issues related to extraterritorial damages (e.g., § 271(f)). She has reviewed thousands of license agreements in many different industries throughout the course of her career, providing a broad frame of reference for royalty rates in many industries and fields.
In the area of trade secrets misappropriation, Ms. Irvine has quantified lost profits, unjust enrichment, and reasonable royalties, evaluating, under a variety of approaches, the economic impact of their misappropriation. Working with technical experts, Ms. Irvine is skilled at enumerating and linking the specific contribution of the trade secret(s) to any commercial success of products or services, and/or to corporate value creation. Her experience ranges from claimed misappropriated customer data and engineering/manufacturing documents to entire computer software platforms.
Ms. Irvine’s testifying practice is bolstered by her emphasis on IP centric consulting. Situated near Silicon Valley, Ms. Irvine has advised dozens of technology companies as well as private equity/VCs in the areas of IP strategy, valuation, and protection. This includes preparation of business plans, benchmarking and best practices, valuation for the purposes of a buy/sell or financing event, commercialization/value extraction strategies (including through partnerships and joint ventures). Ms. Irvine has been retained in numerous consulting engagement to develop FRAND rates for their standards essential patent portfolios and negotiated license agreements terms.
Prior to joining Ocean Tomo, a part of J.S. Held, Ms. Irvine was a Senior Managing Director with FTI Consulting, and a Senior Manager with Deloitte & Touche in their respective dispute advisory practices. Ms. Irvine holds an MBA in Finance from University of California Berkeley, and an undergraduate degree in Economics from Santa Clara University.