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Neil

Neil J. Zoltowski- Damages and Valuation

Professional Summary

Neil J. Zoltowski is a Senior Director- Damages & Valuation at Lumenci. He has more than 25 years of experience providing litigation support and expert witness consulting and testimony services on financial and economic issues to law firms and client companies. During his career, Neil has been involved with more than 250 financial and economic consulting engagements with the majority of his projects concerning economic damages in commercial disputes, intellectual property litigation, and business and intellectual property valuation matters. Neil has worked with law firms of all sizes, including solo practices, boutiques, mid-size firms, and many of the large firms that have been named to the AMLaw 100 ranking, on behalf of clients ranging from individuals to Fortune 50 companies. Neil has testified as an expert witness on behalf of both Plaintiffs and Defendants in intellectual property disputes and commercial litigation matters with respect to economic damages on numerous occasions. Neil has been designated as an expert in various federal and state courts, as well as in arbitration proceedings (by both JAMS and AAA), and he has also assisted counsel and client companies in preparing for mediations and in planning for negotiations with third parties for license rights to intellectual property assets. Neil’s substantial experience in the evaluation and quantification of economic damages in intellectual property litigation includes matters involving patent, copyright, trademark, and trade dress infringement, trade secret misappropriation, and licensing disputes. Neil also has significant experience in commercial disputes involving issues such as breach of contract, breach of fiduciary duty, shareholder value, unfair competition, false advertising, deceptive trade practices, and diminution of business value claims. Additionally, Neil has designed and executed license compliance programs and royalty audits and has consulted with clients on licensing issues across a broad range of industries, including computer hardware and software, consumer products and services, Internet and e-commerce, electronics, insurance, media and publishing, mobile devices, pay television and streaming, semiconductors, and telecommunications, among others. Neil holds four certifications granted by nationally and internationally recognized professional organizations in his industry, including: Certified Valuation Analyst and Master Analyst in Financial Forensics from the National Association of Certified Valuators and Analysts; Certified Licensing Professional from the Licensing Executives Society (USA & Canada), Inc., and Certified Patent Valuation Analyst from the Business Development Academy. Neil has been a member of these and other professional organizations in his industry, has served as a speaker on economic damages topics at conferences, meetings, and webinars held by these industry organizations, and has participated as a committee member or held leadership positions on various committees within these organizations. Neil has also presented to law firms of varying sizes, bar associations, and other business and professional associations across the country on a range of economic damages topics.

Experience

  1. Great American Insurance Co. of New York and Novartis Pharmaceutical Corp. v. TA Operating Corp., et al., 2008 (S.D.N.Y., Case No. 06-cv-13230 (WHP)(JCF))
  2. DBEST Products, Inc., et al. v. Staples, Inc., et al., 2008 (C.D. Cal., Case No. 2:07-cv-04895 (ODW) (MANx))
  3. Competitive Edge, Inc., et al. v. Staples, Inc., et al., 2009 (N.D. Ill., Case No. 1:08-cv-00956)
  4. Personnel Department, Inc. v. CareerBuilder, LLC, 2009 (D. Vt., Case No. 2:08-cv-59)
  5. Lon Sherman, et al. v. Mark G. Shub, et al., 2009 (Mass. Superior Court, Case No. 07-2547-BLS)
  6. EMC Corporation v. Proview Technology (Shenzhen) Co., Ltd., et al., 2009 (D. Mass., Case No. 0940062-FDS)
  7. HTC Sweden AB v. Innovatech Products and Equipment Co., 2009 (E.D. Tenn., Case No. No. 3:07cv-232 (VARLAN/SHIRLEY))
  8. The Associated Press v. One 3 Two, Inc. (d/b/a Obey Clothing), Shepard Fairey, et al., 2010 (S.D.N.Y., Case No. 1:09-cv-01123 (AKH))
  9. Fitness Gaming Corporation v. ICON Health & Fitness, Inc., 2011 (E.D. Va., Case No. 1:11-cv00200 (CMH/IDD))
  10. Achates Reference Publishing, Inc. v. Symantec Corporation et al., 2013 (E.D. Tex., Case No. 2:11-cv-00294 (JRG-RSP))
  11. Digital Reg of Texas, LLC v. Symantec Corporation et al., 2014 (N.D. Cal., Case No. 12-cv-01971CW
  12. Minitab, Inc. v. EngineRoom, LLC, 2014 (M.D. Pa., Case No. 4:12-cv-02170-JEJ)
  13. English & Sons, Inc., et al. v. Straw Hat Restaurants, Inc. et al., 2016 (N.D. Cal., Case No. 3:15-cv01382LB)
  14. Top Agent Network, Inc. v. Zillow, Inc., 2016 (N.D. Cal., Case No. 3:14-cv-04769-RS)
  15. Adobe Systems, Incorporated v. A & S Electronics, Inc. et al., 2016 (N.D. Cal., Case No. 4:15-cv02288 SBA (EDL))
  16. Fusilamp, LLC, et al. v. Littelfuse, Inc., 2017 (American Arbitration Association, Case No. 13-201200-2324)
  17. Smartling, Inc. v. Easyling LLC and Skawa Innovation Ltd., 2017 (D. Mass., Case No. 1:14-cv13106-ADB)
  18. Brooks Automation, Inc. v. PTB Sales, Inc., 2018 (C.D. Cal., Case No. 2:17-cv-03880-PA-AFM)
  19. Kangaroo Manufacturing, Inc. v. Amazon.com, Inc., 2018 (D. Ariz., Case No. 2:17-cv-01806-SPL)
  20. Positron Systems, Inc. v. Wyle Laboratories, Inc., 2018 (Cal. Super., Case No. BC595462)
  21. Pennies2Platinum, Inc., f/k/a Yagoozon, Inc. v. Amazon, Inc., Amazon Services, LLC, and Amazon Payments, Inc., 2018 (American Arbitration Association, Case No. 01-17-6003-2625)
  22. Gavrieli Brands, LLC v. Soto Massini (USA) Corp., et al., 2019 (D. Del., Case No. 18-462-GMS)
  23. Fair Isaac Corporation v. Federal Insurance Company and ACE American Insurance Company, 2019 (D. MN., Case No. 16-cv-1054(WMW/DTS
  24. Modular Security Systems, Inc. v. www.Turnstiles.US Inc., 2019 (D. Ariz., Case No. 2:16-cv-00455DJH)
  25. Facet Technologies, LLC v. Cilag GmbH International and LifeScan, Inc., 2019 (JAMS Arbitration, Ref. No. 14252028986)
  26. Orgain, Inc. v. Iovate Health Sciences International Inc. et al., 2020 (C.D. Cal., Case No. 8:18-cv01253 JLS (ADSx))
  27. Nirvana LLC v. Marc Jacobs International LLC et al., 2020 (C.D. Cal., Case No. 2:18-cv-10743JAK-SK)
  28. EDAG Engineering GmbH v. BYTON North America Corporation, 2021 (JAMS Reference No. 1100107291)
  29. Emmerich Newspapers, Inc. v. Particle Media, Inc. d/b/a News Break et al., 2021 (S.D. Miss., Case No. 3:21-cv-00032-KHJ-MTP)
  30. KPM Analytics North America Corp. v. Blue Sun Scientific, LLC, et al., 2022 (D. Mass., Case No. 4:21-cv10572-TSH
  31. Kaneka Corporation v. Designs for Health, Inc. and American River Nutrition LLC (D. Del., Case No. 1:21-cv-00209-RGA)
  32. Network-1 Technologies, Inc. v. NETGEAR, Inc. (N.Y.Sup.Ct., Index No. 657022/2020)
  33. Extremity Medical, LLC v. Fusion Orthopedics, LLC, 2023 (D. Ariz., Case No. 2:22-cv-00723-PHXGMS)
  34. Emmerich Newspapers, Inc. v. Particle Media, Inc. d/b/a News Break, 2024 (S.D. Miss., Case No. 3:23-cv-00026-TSL-MTP)
  35. IEP Technologies, LLC v. KPM Analytics, Inc. et al., 2024 (D. Mass., Case No. 1:21-cv-10417-JEK)
  36. Neurelis, Inc. v. Aquestive Therapeutics, Inc., 2024 (Cal. Super., Case No. 37-2019-00064665CU-BT-CTL)
  37. Colorado Biolabs, Inc. v. Three Arrows Nutra, LLC, 2026 (N.D. Tex., Case No. 3:25-cv-00601-D)
  38. TC Heartland LLC. v. Susan S. Schiffman, 2026 (M.D.N.C., Case No. 1:23-cv-00665)

Affiliations

  1. Member – Licensing Executives Society (USA & Canada), Inc. (Valuation & Pricing Committee; High-Tech Sector; Brands as a Business Sector)
  2. Member – National Association of Certified Valuation Analysts

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

Publications

  1. “Implications of Recent Court Decisions on the Application of the ‘Entire Market Value Rule’ to Patent Damages Analysis,” ABA Section of Litigation – Intellectual Property Roundtable Outline, November 2010.
  2. “Supreme Court Paves the Way for Changes to Expert Discovery,” Forensic Expert Witness Association Newsletter, Fall 2010.
  3. “An Estimate of Current Universal Service Obligations and the Likely Impact of Federal and State Universal Service Plans,” International Communications Forecasting Conference, June 1998.

Base of Operations

Boston, MA

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