Vincent A. Thomas, CPA/ABV/CFF, CVA
`
`Senior Managing Director — Forensic & Litigation Consulting
`
`vince.thomas@fticonsuIting.com
`
`227 W. Monroe Street
`
`Suite 900
`
`Chicago, IL 60606
`
`Tel: +1 312 252 9329
`
`CERTIFICATIONS
`
`Certified Public Accountant
`
`Certified Valuation Analyst
`Accredited in Business
`Valuation
`
`Certified in Financial Forensics
`
`Vince Thomas is a Senior Managing Director at Fl'l Consulting and is based in
`Chicago. He is the Co—Leader the PH Consulting U.S. Intellectual Property practice.
`Prior tojoining Fl'l Consulting, Mr. Thomas was a Partner with KPMG. He has more
`than 25 years of experience assisting companies and clients with complex
`accounting, corporate finance and litigation issues and focuses on the preparation of
`sophisticated valuation analysis and the assessment of damages in various types of
`commercial disputes.
`
`Mr. Thomas specializes in matters involving various types of intellectual property
`including patents, trade secrets, trademarks and copyrights.
`In that regard, Mr.
`Thomas has analyzed economic and financial issues in hundreds of disputes and
`has provided expert testimony in state and federal courts across the country as well
`the International Trade commission. Such testimony has focused on valuation and
`damages issues in several industries including computer technology, electronics,
`telecommunications, retail, manufacturing and life sciences.
`
`PROFESSIONAL AFFILIATIONS
`
`AICPA
`
`American Society of Appraisers
`National Association of Certified
`
`Valuation Analysts
`
`Mr. Thomas has also conducted seminars to various groups across the country and
`has participated in various panel discussions on topics involving economic damages,
`valuation methods and techniques for increasing shareholder value. He has also
`published articles on valuation and damage issues, co—authored a book on economic
`damages and served as a guest lecturer to forensic accounting students at Indiana
`University.
`
`EDUCATION
`
`B.A., Economics, Cum Laude,
`
`DePauw University
`
`MBA, Finance, Indiana
`
`University
`
`Mr. Thomas is a Certified Public Accountant (“CPA”) and Certified in Financial
`Forensics (“CFF”) and has obtained the valuation credentials of Certified Valuation
`Analyst (“CVA”) and Accredited in Business Valuation (“ABV”). He has utilized the
`experience and education he has gained in obtaining those credentials in valuing
`businesses and various types of intellectual property for both litigation and
`transactional purposes.
`
`In addition to serving as a consultant and testifying expert, Mr. Thomas also has
`significant experience in corporate, financial, and accounting management positions,
`including Analyst, Controller, Director of Credit and Collections and Chief Financial
`Officer. In those roles, Mr. Thomas was responsible for developing the strategic
`focus and direction for all areas of both a high-tech start-up company as well as a
`large distributor of wine and spirits. This included raising capital, implementing
`information technology systems, managing the budgeting and forecasting process,
`preparing financial statements, managing cash flow, maintaining legal and banking
`relationships, developing incentive pay systems and managing an intellectual
`property portfolio.
`
`Target Corporation Exhibit 1411 1__1
`I Target v. DMC'
`lPR2013-00530, 531, 532, 533
`
`

`

`Vincent A. Thomas, CPA/ABV/CFF, CVA
`
`Publications/Seminars
`
`“Daubert in Cross Examination", American Conference Institute, December 2013
`
`“ Pocket MBA: Finance for Lawyers", Practicing Law Institute, September 2010
`
`Panelist — Defense Trial Counsel of Indiana Business Valuation Seminar, September 2009
`
`Panelist — The John Marshall School of Law Center for Intellectual Property 52nd Annual Intellectual Property Law
`Conference — “Recent Developments in Patent, Trademark, Copyright & Trade Secret Law", February 2008
`
`Co—Author — “Economic Damages in Intellectual Property: A Hands-0n Guide to Litigation", John Wiley & Sons, 2006
`
`“Patenting Business Methods and Potential Damages", Wisconsin Intellectual Property Association, December 2006
`
`“Calculating Damages in Commercial Litigation", Presenter at Cleveland Bar Association, June 2003
`
`“Using Your IP to Increase Shareholder Value", Presenter at Indiana Chamber of Commerce Forum, April 2002
`
`“The Last 20 Years of Patent and Trademark Damages: A Litigation Evolution", Presenter at the Midwestern Intellectual
`Property Symposium (sponsored by the Indiana Continuing Legal Education Forum), September 2001
`
`“Calculating Damages in Complex Litigation"— Presenter at Ohio Association of Civil Trial Attorneys Meeting, April 2000
`
`“Business Valuation Issues in Litigation" - Presenter at Indiana Continuing Legal Education Forum, April 2000
`
`“Damage Analysis—Determining Lost Revenues and Daubert Considerations" — published article in The Indiana Lawyer,
`2000
`
`“Forensic Accounting" — Guest lecturer at Indiana University, 2002, 2003
`
`Expert Testimony
`
`Tela Corporation v Nokia, Inc., HTC Corporation, HTC America, Motorola Mobility LLC, LG Electronics, Inc., LG
`
`Electronics U.S.A. LG Electronics MobileComm U.S.A. Pantech Co. Ltd. Investigation No. 337-TA—873, US.
`International Trade Commission (Deposition)
`
`Eastman Kodak Company v Ricoh Company Ltd., Ca use No. 12-CV-3109, US. District Court for the Southern District of
`New York (Deposition)
`
`State of Louisiana v. Par Pharmaceutical Companies, Inc. et at., Cause No. 596164, State of Louisiana Parish of East
`Baton Rouge, 19th Judicial District
`
`The People for the State of Illinois v. Par Pharmaceutical Companies, Inc. et aI., Case No. 05 CH 2474, Circuit Court of
`Cook County, Illinois, County Department, Chancery Division
`
`Interactive Marketing, L.L.C. v. Amway Corp. et al, Arbitration, Wichita, KS (Deposition and Trial)
`
`Baker Hughes Incorporated v. National Oil Well Varco et aI., Arbitration, Houston, TX (Trial)
`
`Eastman Kodak Company v. Kyocera Corporation, CA. No. 10-CV-6334—CJSMWP, US. District Court for the Western
`District of New York (Deposition)
`
`Generac Power Systems, Inc. v. Kohler Company, CA. No. CV 2:11-cv—1120, US. District Court for the Eastern District
`of Wisconsin (Deposition and Trial)
`
`Amway Corp. and Amway Canada Corporation v. leP Global, Inc. et aI., CA. No. 4:10-CV—549, US. District Court for the
`Eastern District of Texas Sherman Division (Deposition and Trial)
`
`Patent Harbor, LLC v. Funai Corporation, Inc. et al,, CA. No. 6:10-CV—00361 LED, US. District Court for the Eastern
`District of Texas Tyler Division (Deposition and Trial)
`
`Millennium Import, LLC v. Reed Smith LLP et aI., Index No. 603350-07, Supreme Court of the State of New York,
`County of New York (Deposition)
`
`W F T IT"
`
`CONSULTING
`
`Target Corporation Exhibit111l_2
`
`

`

`Vincent A. Thomas, CPA/ABV/CFF, CVA
`
`0 X2YAttenuators, Inc. v. Intel Corp., Apple, Inc., Hewlett Packard Co., Investigation No. 337-TA—781, US. International
`Trade Commission (Deposition and Trial)
`
`0 CDW LLC, et al. v. Netech Corporation, Case No. 1:10-cv-O530-SEB DML, US. District Court for the Southern District of
`Indiana (Deposition)
`
`
`0 Gore Enterprise Holdings, Inc. v. Medtronic Inc., No. 10-cv—OO4441—MSD—DEM, US. District Court for the Eastern
`District of Virginia (Deposition and Trial)
`
`0 Genentech, Inc. v. GIaxoSmithK/ine LLC, CA. No. CV 10-02764 MRP (FMOx), US. District Court for the Central District
`of California (Deposition)
`
`0 The Lincoln Electric Company, et al. v. National Standard, LLC, 1:09-cv-018886-DCN, US. District Court for the
`Northern District of Ohio (Deposition)
`
`0 Remy, Inc. v. Tecnomatic S.P.A., 1:08-cv-1227-SEB-JMS, US. District Court for the Southern District of Indiana
`(Deposition)
`
`0 Sleep Science Partners, Inc. v. Sleeping Well, LLC, Civil Action No. CV09—42OOCW, US. District Court for the Northern
`District of California (Deposition)
`
`0 Stoughton Trailers, Inc. v. Great Dane Limited Partnership, Case No. 3:09-cv-OO570-slc, US. District Court for the
`Western District of Wisconsin (Deposition and Trial)
`
`0 Nokia Corporation v. Apple, Inc., Investigation 337-TA—701, US. International Trade Commission (Deposition and Trial)
`
`0 Thomson Inc. v. Gemstar—TV Guide International, Inc., et al., Cause No. 29DO2-0808-PL-001004, State of Indiana,
`Hamilton County Superior Court (Deposition)
`
`0 Centillion Data Systems, LLC v. Qwest Corporation, Case No. 1:04 CV-00073-LJ M-WTL, US. District Court for the
`Southern District of Indiana (Deposition)
`
`0 Ronald A. Katz Technology Licensing, L.P. v. Fifth Third Bancorp, et al., 07-ML-01816-C—RGK (FFMx), US. District Court
`for the Central District of California (Deposition)
`
`0 Zenith Electronics Corp. v. PDI Communication Systems, Inc., Civil Action No. 04 CV 4796, US. District Court for the
`Northern District of Illinois (Deposition)
`
`0 Thomson Inc. v. Praxair, Inc., et al., Case No. 2005 CI 123, Court of Common Pleas; Pickaway County, Ohio (Deposition
`and Trial)
`
`0 Centocor Ortho—Biotech Inc. v. Genentech and City of Hope, CA. No. CV 08-03573 MRP (CTX), US. District Court for
`the Central District of California (Deposition)
`
`0 Shareholders of Transkaryotic Therapies v. Shire Pharmaceuticals, Consolidated CA. No. 2776 — CC, Court of
`Chancery of the State of Delaware (Deposition)
`
`0 State of Texas and Ven—A—Care, Inc. v. Par Pharmaceutical et al., Cause No. D-l—GV-08-001566, District Court of Travis
`County, Texas (Deposition)
`
`0 Dey, Inc., et al v. Sepracor, Inc., CA. No. 07-cv-2353, US. District Court for the Southern District of New York
`(Deposition)
`
`
`0 Commonwealth of Kentucky v. Par Pharmaceutical et al., Civil Action No. 04-CI-1487, Commonwealth of Kentucky,
`Franklin Circuit Court (Deposition)
`
`0 The State of Alabama v. Par Pharmaceutical et al., O5cv219, Circuit Court of Montgomery County, Alabama
`(Deposition)
`
`W F T IT"
`
`CONSULTING
`
`Target Corporation Exhibit111l_3
`
`

`

`Vincent A. Thomas, CPA/ABV/CFF, CVA
`
`0 Valdemar Portney v. CIBA Vision Corporation, SACV 07-854-AG (MLGx), US District Court for the Central District of
`California (Deposition)
`
`0 Medtronic Sofamor Danek USA Inc. v. Globus Medical, Inc., US. District Court for the Eastern District of Pennsylvania
`(Deposition and Trial)
`
`0 Boston Scientific v. Conor Medsystems, Inc. and Cordis Corporation, 1:10-cv-OO315-SLR, US. District Court for the
`District of Delaware (Deposition)
`
`0 Spectralytics, Inc. v. Cordis Corporation and Norman Noble, Inc., Civil Action No. 05-1464 (PJS/RLE), US. District Court
`for the District of Minnesota (Deposition and Trial)
`
`0 Brike International v. Invacare Corporation, Civil Action No. 05-CV-1754-Kl, US. District Court for the District of Oregon
`(Deposition)
`
`0 Boston Scientific Corporation, Boston Scientific Sci-Med, Inc. v. Cordis Corporation, Civil Action No. 10-315—SLR-LPS,
`US District Court for the District of Delaware (Deposition and Trial)
`
`0 Advanced Stent Technologies, Inc. v. Boston Scientific Corporation, Case No. 65—180—Y—00290-08; 65—489—292-08,
`American Arbitration Association (New York, NY) (Deposition)
`
`0 Meritor Heayy Vehicle Systems, LLC v. Ikerd’s, Inc. and Pentaflex, Inc., Case No.: IPO2-1095-C—M/S, State of Indiana in
`the County of Lawrence, Lawrence Superior Court (Deposition)
`
`0 Jeff Koehlinger, et al. v. The State Lottery Commission of Indiana, Cause No. 49COI-0701-CT-730, State of Indiana in
`the County of Marion, Marion Superior Court (Deposition)
`
`0 Molten Metal Equipment Innovations v. Pyrotek, Inc., Arbitration, American Arbitration Association (Cleveland, OH)
`(Deposition and Trial)
`
`0 Quixtar, Inc. v. TEAM, Inc., Arbitration, American Arbitration Association (Detroit, MI) (Deposition and Trial)
`
`0 Amway, Inc. v. MonaVie LLC, 2:08-cv—OO204-BSJ (consolidated 2:08-cv—209 DB), US District Court for the District of
`Utah (Deposition and Trial)
`
`0 High Voltage Beverages, LLC v. The Coca-Cola Company, Civil Action No. 3:08-CV—367-GCM-DLH, US District Court for
`the Western District of North Carolina (Deposition)
`
`0 Westridge Estates, LLC v. The Town of Plainfield, Cause No: 32D01-0603-PL-15, State of Indiana in the County of
`Hendricks, Hendricks Superior Court (Deposition and Trial)
`
`0 Construction Crane & Tractor Inc. v. Wirtgen America, Inc., Cause No.: 07-215/-I, Chancery Court of Davidson County,
`Tennessee (Deposition and Trial)
`
`0 Joovy LLC and Albert T. Fairclough v. Baby Trend, Inc. and Target Corporation, Case no. 3:06-CV-0616(P), US. District
`Court for the Northern District of Texas (Deposition)
`
`0 Agilysys, Inc. v. Keith Gordon, Michael W. Malone and Bryan Krohn, Case No: 1:06CV1665, US District Court for the
`Northern District of Ohio (Deposition and Trial)
`
`0 Quixtar, Inc. v. Orrin Woodward, et aI., Arbitration, American Arbitration Association (Detroit, MI) (Deposition and Trial)
`
`0 Stewart & Associates, Inc., et al. v. Quixtar, Inc., Arbitration, American Arbitration Association, Washington, DC.
`(Deposition and Trial)
`
`0 Sofpool LLC v. Intex Recreation Corp, Case No. 2:07-CV-097, US District Court for the Eastern District of Texas
`(Deposition and Trial)
`
`
`0 Car enters Pension Trust Fund-Detroit & Vicinit v. Capri Capital LLC et aI., Case No: 06-7039-CK, State of Michigan,
`Crawford County Superior Court (Deposition and Trial)
`
`W F T IT"
`
`CONSULTING
`
`Target Corporation Exhibit111l_4
`
`

`

`Vincent A. Thomas, CPA/ABV/CFF, CVA
`
`0
`
`ergo, Inc. v. Alloc, Inc., Armstrong World Industries and Berry Finance, Civil Action No: O2-CV-0736V, US District
`Court for the Eastern District of Wisconsin (Deposition and Trial)
`
`0 Murata Manufacturing Company, Inc. v. Bel Fuse, Inc., 03 C 2934, US District Court for the Northern District of Illinois
`(Deposition)
`
`0 Wyers Product Group, Inc. v. Masterlock Company, Civil Action No. 1:06-cv-00619-LBT, US District Court for the
`District of Colorado (Deposition and Trial)
`
`0 Dalia Genger v. Arie Genger, Arbitration, American Arbitration Association (New York, NY) (Deposition and Trial)
`
`0 Joel Goldman v. Healthcare Management Systems, Inc. and Thomas E. Givens, Civil No: 1:05CV0035, US District
`Court for the Western District of Michigan (Deposition)
`
`0 CoaICo Corporation, et al. v. Headwaters Inc., Civil No. 1:09—CV—10195-WGY, US District Court for the District of
`Massachusetts (Deposition and Trial)
`
`0 Philip Boynton et al. v. Headwaters Inc. Case No. 1-02-1111, US District Court for the Western District of Tennessee
`(Deposition and Trial)
`
`0 Scienton Technologies et al. v Computer Associates International, Inc., CV 04 2652, US District Court for the Eastern
`District of New York (Deposition)
`
`0 Levi Strauss North America v Spiece Sales Company, 85C01-1110-CC—829, State of Indiana In The Wabash Circuit
`Court (Deposition and Trial)
`
`0 Newport Corporation v Lighthouse Photonics, Inc., CA. No. 8:12-cv-00719, US District Court for the Central District of
`California (Deposition)
`
`0 Hoyt A. Fleming v Escort Inc. No. 1:09—CV—OOlO5—BLW, US District Court for the District of Idaho (Trial)
`
`0 Pharmathene Inc. v SIGA Technologies, Inc., CA. No. 2627-VCP, Court of Chancery in the State of Delaware
`(Deposition and Trial)
`
`0 State of Indiana v. International Business Machines, Inc., Cause No. 49D10—1005-PL—O21451, State of Indiana in the
`County of Marion, Marion Superior Court (Deposition and Trial)
`
`0 WV Healthcare Company and Vertex Pharmaceuticals, Inc. v. Mylan Inc. and Mylan Pharmaceuticals, Inc., No. 1:12-cv-
`01065-UNA (Deposition)
`
`0 Formax, Inc. v. AIkar-Rapidpak-MP Equipment, Inc. and Tomahawk Manufacturing Inc., CA. No. 81:11—CV—298—WCG
`(Deposition)
`
`W F T IT"
`
`Target Corporation Exhibit1111_5
`
`