Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
FTI Consulting, Inc. is a global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. With more than 4,600 employees located in 28 countries, FTI Consulting professionals work closely with clients to anticipate, illuminate and overcome complex business challenges and make the most of opportunities.
FTI Consulting’s Intellectual Property practice consists of seasoned professionals across multiple academic disciplines possessing a wealth of specialized knowledge allowing for in-depth consulting and expert witness assistance. FTI Consulting has worked on behalf of both Complainants and Respondents in performing a wide variety of economic, financial, accounting and quantitative analyses and have testified numerous times on such issues at the ITC. FTI Consulting Intellectual Property professionals are also familiar with the complex documents and information that are often relied upon in ITC Section 337 investigations as well as the accelerated schedule requirements at the ITC.
Blaney Harper's practice focuses on strategic patent litigation representing electronics, software, and information technology companies in matters such as patent enforcement in United States District Courts and the International Trade Commission (ITC). Blaney also represents and counsels clients concerning patent portfolio development and patent prosecution and appeal, including Inter Partes Review, in the USPTO. Blaney co-chairs the Firm's ITC practice and is the IP Practice Coordinator for the Washington Office.
Blaney's experience covers a broad cross-section of technology, including semiconductor structures, microprocessor architecture, memory, application-specific integrated circuits, and related hardware and software for applications such as wireless communications, fiber-optic networks, distributed computing, digital image processing, computational linguistics, computer controlled radiology, computer peripherals, accelerometers, and other electronic sensors. Blaney's engineering experience gives him keen insight into many technology issues.
Blaney has been the lead lawyer concerning infringement allegations on multiple patents on behalf of Cree Inc. (concerning LEDs), Imagination Technologies (concerning Graphic Processors), Vizio (TVs), Nexteer (auto parts), Qualcomm (communication circuits), Freescale (packaged semiconductors), Eastman Kodak Company (digital cameras), Sercel I/O (MEMs accelerometers), Lucent (internet infrastructure), and others.
Blaney has been recognized in Intellectual Asset Management (IAM) 1000 (2014-2017) ("a man of action who really knows how to drive a matter towards the right outcome for his client.") and in Managing Intellectual Property "2015 USIP Stars."
Mr. Herrington’s intellectual property experience includes matters involving patent, trademark and copyright infringement as well as trade secret misappropriation. He has experience in evaluating damages associated with lost profits, reasonable royalties, unjust enrichment, and disgorgement of profits. Mr. Herrington’s experience with ITC investigations includes evaluating the existence of a domestic industry, the appropriateness and scope of a Cease and Desist Order, the amount of a bond to protect the complainant from injury, the EPROMs factors, the current business conditions associated with a general exclusion order, the impact on the public interest if an exclusion order is issued, and the commercial success of products practicing the patents. Mr. Herrington has also participated in ITC enforcement proceedings. Mr. Herrington co-authored a chapter in the Litigation Services Handbook on the role of financial experts in ITC investigations.
Mr. Herrington has assisted clients in a variety of industries including telecommunications, technology, banking, health care and entertainment, among others. Mr. Herrington has presented to various law firms and groups and has also authored articles for inclusion in multiple trade journals.
Engagements that Mr. Herrington has directed or assisted on have centered on disputes in areas such as antitrust; breach of contract; breach of fiduciary duty; intellectual property; lost profits / earnings; false advertising; and wage and hour. In addition, Mr. Herrington has been involved in forensic accounting and fraud investigations. Mr. Herrington’s experience encompasses the entire litigation cycle including but not limited to discovery; damage analysis; preparation of expert reports; critique of analyses propounded by opposing experts; preparation for deposition and/or trial testimony; and preparation of demonstrative exhibits.
Prior to joining FTI Consulting, Mr. Herrington provided litigation consulting services at Analysis Group as well as dispute analysis and investigation services at PricewaterhouseCoopers.
Mr. Herrington holds an M.B.A. from the University of Texas at Dallas. Mr. Herrington also received a B.B.A. in finance from Texas A&M University. Mr. Herrington is a Certified Fraud Examiner and a member of the Association of Certified Fraud Examiners. Mr. Herrington is also a member of the Licensing Executives Society.