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Adam

Adam J. Falconer, CLP- Damages and Valuation

Professional Summary

Adam Falconer is a Senior Director- Damages & Valuation at Lumenci. He has more than 20 years of experience in intellectual property consulting on litigation, licensing, expert witness testimony, valuation, technology transfer, innovation integration, royalty recovery, and data analytics and visualization.

Adam has served as a technology transfer, valuation, damages and licensing consultant and testifying expert in various federal and state courts. He has provided deposition testimony in both state and federal courts on intellectual property licensing and/or damages and valuation issues and has provided trial testimony and rebuttal testimony in state court as an expert in intellectual property damages and technology transfer and commercialization. An consultant and experienced expert, Adam has provided litigation advisory services in over 90 litigation engagements, culminating in expert services (reports and other work product, testimony or services), for clients in varying stages of litigation and disputes, involving various technological, financial, economic and data analyses, as well as numerous consulting engagements spanning various industries and involving innovations at various points of the commercialization spectrum. He has worked on numerous matters involving technology transfer support and strategy, valuations, and damages analyses for lost profits, profit disgorgement, royalties, breach of contract, fraudulent conveyances, and other remedies. Throughout the course of his career, Adam has worked for several leading consulting and advisory services firms, as well as academic institutions.

Experience

  1. Innovation integration involving operational and compliance workflow (integration management office – IMO) in various high technology fields, particularly focused on biotechnology, life sciences, and software technology transfers (licensing) and/or business transactions or combinations (M&A)
  2. Data and discovery analytics consultant in commercial and technology disputes involving complex and datadriven discovery, related market research and data visualization
  3. Hands-on licensing experience, successfully leading numerous technology transfers deals in various industries
  4. Expert witness and preparation of damages models for intellectual property and commercial claims, including patent, trademark, trade secret, copyright, breach of contract, royalty underpayment, and other technology claims
  5. Valuation and analytics expertise, using latest techniques and tools for defensible work product
  6. Litigation assignments as non-testifying consultant to work with software and code review, relating to liability and/or (secondary factors of) non-obviousness regarding skepticism by experts, long-felt need and/or commercial success
  7. Provided outsourced licensing assistance, including prospecting potential partners, promotion and marketing, negotiating terms, and intellectual asset management services
  8. Developed and implemented intellectual property strategies, analyzing patent portfolios, and royalty monitoring programs

Representative Engagements

  1. Technology Commercialization & Integrations – led approximately twenty technology transfer deals and/or sponsored research or consulting agreements, including technologies such as advanced materials for coatings, industrial and energy applications, surgical robotic technologies for medical, training and gaming/wagering applications, plant-based packaging and shipping foam for industrial applications, electro-optics and functionalized surfaces technologies for commercial and defense applications, fermentation and chemical engineering technologies for agricultural and energy production applications, and various software, engineering and physical sciences technologies with a broad array of applications and fields-of-use
  2. Data Breach – Performed database, data integrity, analytics and visualization work on large corporate data breach case
  3. Patent Infringement/NPE – Performed damages analysis in a patent infringement matter on behalf of large online retailer accused of infringement by a non-practicing entity relating to targeted advertising technology
  4. Patent Infringement Rebuttal – Damages rebuttal pertaining to patent infringement and breach of contract dispute among competitors in water treatment industry
  5. Licensing/Royalty Dispute – Damages analysis pertaining to technology and trademark licensing and royalty dispute between promotional goods, sports and recreational products

Certifications

  1. Certified Licensing Professional – Licensing Executives Society (USA & Canada), Inc.
  2. Certified Patent Valuation Analyst (CPVA) – Business Development Academy
  3. Certified Valuation Analyst – National Association of Certified Valuation Analysts
  4. Master Analyst in Financial Forensics – National Association of Certified Valuation Analysts (Business & IP Damages) 
  5. Future Leaders Program – Greater Boston Chamber of Commerce
  6. ANDA Litigation – Engagement involving analysis of preliminary injunction and subsequently commercial success as a secondary factor of non-obviousness for Miacalcin®
  7. Patent Infringement – Damages phase of pharmaceutical litigation involving at-risk launch of blockbuster Gastroesophageal Reflux Disease drug (pantoprazole)
  8. Software licensing and infringement disputes between vendors, providers and innovators, reviewed technical material for evidence-of-use and claims elements
  9. Lanham Act Litigation – Damages study pertaining to false advertising, unfair competition, and tortious interference claims between competitors in the sports supplement market
  10. Lanham Act/Trade Secrets Dispute – Mediation assignment involving dispute between competing companies with a legacy license and development agreement
  11. Trade Secret/Customer List/Employment Dispute – Assignments involving employment agreement disputes and customer lists and trade secrets misappropriation between competing manufacturing and products/brand companies
  12. IP Valuation – Assessed value of intellectual property assets, focusing on context of the current and prospective use, transactional and litigation analyses performed
  13. Business Valuation – Assessed value of subject business and/or subject assets, ranging from investments to operating companies involved in high technology, hotel/mixed-use real estate development and portfolio companies, financial services and trading platforms, as well as bankruptcy and tax matters
  14. Business Intelligence – Patent, competitor and market analytics and research involving analysis of patent portfolios and related licensing activity, customer preferences and feature analyses
  15. Biotechnology M&A Innovation Integration – operational and antitrust (Hart-Scott-Rodino) compliance workflow involving integration management office (IMO) for transaction services agreement (TSA) for M&A deal or license agreement for technology transfers in various high technology fields, particularly focused on biotechnology, life sciences, and related software technology transfers (licensing) and/or business transactions or combinations (M&A)
  16. S. Federal Lab Patent Portfolio Assessment – worked on assessment of large patent portfolio in collaboration with team at Argonne National Laboratory (2023)

Publications

  1. Licensing and IP Issues for Mobile and Social Game Developers – IPStrategy.com, (June 2013)
  2. AICPA Fraud Book, White Collar Crime: Core Concepts for Consultants and Expert Witnesses, Contributing Author (2012)

Speaking Engagements

  1. Various webinars and collaborative presentations (ongoing)
  2. Licensing Executives Society (LES) USA/Canada Instructor, Co-Chair Damages Course (2024 launched new course) (ongoing)
  3. Certified Licensing Professional (CLP) Instructor (ongoing)
  4. 2025 LES Annual Meeting & LES Academy (Speaker, Moderator)
  5. Financial Modeling in IP Licensing Webinar, Saudi Aramco Technologies Company & Colleagues (May 15, 2024)
  6. University of Missouri-Kansas City, School of Pharmacy – Co-instructor, Introduction to Pharmacy Policy Analysis (Pharm 7316), (January 2013-2014)
  7. University of Missouri-Kansas City, School of Law – Guest lecturer, Entrepreneurial Legal Services (ELS) Clinic and the Intellectual Property Clinic, “Understanding the Value of Intellectual Property,” (January 2013-2014)
  8. The University of Kansas, School of Law – Guest lecturer, Patent Law (997), (January 2013-2014)
  9. University of San Francisco, School of Law – Guest lecturer, Patent Law (885), (September 2012-2013)

Professional Affiliations/ Others

  1. Licensing Executives Society USA/Canada, Valuation and Pricing Committee Co-Chair (2022, ongoing)
  2. Licensing Executives Society International (LESI), Valuation and Pricing Committee (2025, ongoing)
  3. Certified Licensing Professional (CLP) credential holder
  4. Forensics and Valuation Services (FVS) Section of the American Institute of Certified Public Accountants (AICPA)
  5. IP Valuation & Technology Transfer training and professional series education volunteer

Base of Operations

Boston, MA

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