Headshot

Dr. Alan Cox

Managing Director

Chair of NERA's Intellectual Property Practice

Contact

San Francisco
Tel: +1 415 291 1009
Fax: +1 415 291 1020

Toronto
Tel: +1 416 868 7314
Fax: +1 416 815 3332

Email: alan.cox@nera.com
vCard: Download

Education

PhD in economic analysis and policy, Haas School of Business, University of California, Berkeley
MA in economics, University of British Columbia
BSc in environmental science, York University, Toronto

Experience

Dr. Cox participates in the Intellectual Property, Antitrust, and Securities practices of NERA. He has extensive experience testifying in federal court, state court, US and international arbitrations, and before utility commissions. In arbitrations he has appeared before the NASD, the American Arbitration Association, and the Japan Commercial Arbitration Association. In graduate school he specialized in industrial organization, antitrust, regulation, and natural resource economics, including energy. His previous positions include Visiting Economist at MIT's Energy Laboratory.

In intellectual property matters, Dr. Cox has testified on a wide variety of patent issues in the semiconductor, biotechnology, telecommunications, consumer product, and other industries. He has also testified on trademark, copyright, and trade secret matters. For example, he testified in Delaware District Court in a matter involving alleged theft of trade secrets and false advertising in the manufacture and sale of golf balls. He was retained by Texas Instruments in a New Jersey patent case, which resulted in a jury award of $112 million to Texas Instruments. He has also testified in matters related to standards and patent pools.

Antitrust issues on which Dr. Cox has testified include allegations of price fixing of semiconductors and professional services, price manipulation in natural gas markets, attempts to monopolize in the credit card and other industries, Robinson-Patman matters, the competitiveness of crude oil and product pipeline services, allegations of anti-competitive licensing, and the competitive consequences of a major electric utility merger. He has examined and provided economic advice on a wide array of competition issues including vertical restraints in gasoline retailing, allegations of crude oil price fixing, the competitive consequences of mergers in several industries, and the economic costs of restraints imposed on a "dominant" telecommunications carrier. He has been included in the "Who's Who of Competition Lawyers and Economists" by the Global Competition Review.

In Securities matters, Dr. Cox has testified in class action fraud cases, including on materiality, causation, and damages in Section 10 and 11 matters. His testimony has also included the valuation of restricted stocks, options, bonds, preferred shares in venture-capital backed firms, goodwill, and the appropriate valuation of physical assets. Dr. Cox has also testified on unjust enrichment from alleged insider trading, and has calculated harm due to alleged inappropriate investments, backdating, breach of contract, and banking practices.

Industry Experience:

Banking
- Bank governance
- Consumer banking
- Credit cards
- Merchant Services
Biotechnology
- Antibody humanization
- Gene sequencing
- Gene-splicing
- PCR
Electronics
- DVDs
- HDTV
- Lithium-Ion batteries
- Motherboard sockets
- Smart phones
- Wide spectrum radio
Energy
- Biomass
- Electricity markets
- Natural gas markets
- Photovoltaics
- Wind
Finance
- Death benefits/verticals
- Investment banking
- Options valuation
- Restricted stocks
- Suitability
- Venture capital
Manufacturing/Resources
- Aluminum forging
- Carpets
- DVDs
- Forestry
- Glass
- Golf balls
- LAN cables
- Toys
- Truck manufacturing
- Upstream oil and gas
- Uranium mining
- Water purification
- Water-jet cutting tools
Pharmaceuticals/Medical
- Best efforts licensing
- Cancer treatment
- Dermatological drugs
- Generics
- Kidney dialysis
- Pacemakers
- Tooth alignment
Retailing
- Baby food
- Books
- Consumer electronics
- Diet supplements
- Eyewear
- Gasoline
- Pet Food
Semiconductors
- Chip design software
- Chip encapsulation
- Data-transfer/communications chips
- DRAM
- Embedded microprocessors
- Power conditioning chips
- Semiconductor lasers
- Semiconductor manufacturing equipment
- Test wafers
Services
- Airline booking
- Court reporting
- Hotels
Software
- Chip design software
- Copyright
- Enterprise software
- Medical records
- Medical records storage
  Software patent licensing
Telecommunications
- Broadband services
- Cable television
- Carrier operations
- Cellular markets
- Competitive local exchange
Transportation
- Bus touring
- Crude oil transportation
- Petroleum product transportation
- Shipping containers
- Trucking
- Tug/barge operations

Title Type Author
The Limited Role of Analytical Approach to Reasonable Royalty Published Article Dr. Alan Cox
Using Citation Analysis to Value Patents Published Article Dr. Alan Cox
Misuse of Patent Citation Analysis in Finjan v. Blue Coat Published Article Dr. Alan Cox and Dr. Nadia Soboleva
Off The Wagon Published Article By Dr. Alan Cox
Recurring Themes on Reasonable Royalties in Recent IP United States Damage Cases Working Paper By Dr. Elizabeth M. Bailey and Dr. Alan Cox with former NERA economist Gregory Leonard
The Demise Of Junk Science And The 25% Rule Published Article By Dr. Alan Cox et al.
Three Cases Reshaping Patent Licensing Practice Published Article By Dr. Elizabeth M. Bailey and Dr. Alan Cox with former NERA economist Dr. Gregory K. Leonard
NERA Expert Serves on Committee to Develop Patent Damages Handbook for Federal Distri... Book Published in the website of the National Patent Jury Instruction Committee
Groundhog Day: Recurring Themes on Reasonable Royalties in Recent IP Damage Cases Working Paper By Dr. Elizabeth M. Bailey and Dr. Alan Cox with former NERA economist Dr. Gregory K. Leonard
2 Economists' Take On i4i v. Microsoft Published Article By Dr. Alan Cox et al.