Patent Infringement Damages

Technology and Case Law Perspective

  • 50+ Trial Testimonies

We have a national reputation for evaluating damages from the infringement of patents.  Working on behalf of both plaintiffs and defendants, we achieve extraordinary results by obtaining a thorough understanding of the technologies at issue and evaluating them in the context of their value in the market.  We are critically aware of the case law and complexity of these analyses and advise clients on issues that affect the viability and acceptability of these claims.

Our Analyses

We regularly analyze and prepare damages claims that consider lost profits on lost sales, price erosion, reasonable royalties, convoyed sales, and commercial success due to patented technology.

Broad Experience

  • 500+ Expert Reports Submitted

Since the inception of our firm, we have prepared and submitted over 500 expert reports on patent infringement damages and testified in federal courts throughout the United States including Delaware, Texas, and the Northern District of California.  We are experienced in a variety of industries, including life sciences, telecommunications, medical devices, computer hardware and software, industrial equipment, and a wide range of consumer products.

Industries

  • Computer Software & Hardware

    Retained on behalf of an automobile manufacturer to evaluate the reasonable royalty damages owed from the alleged infringement of patented technologies related to navigation systems.

  • Computer Software & Hardware

    Retained by Solutran, Inc. to determine the lost profit and reasonable royalties from the alleged infringement of patents related to check imaging and check processing.  At trial, a jury awarded reasonable royalties of more than $3 million, consistent with our testimony.

  • Computer Software & Hardware

    Retained by a provider of online dating services to provide a rebuttal analysis of the damages related to the alleged patent infringement of algorithms for matching online profiles.

  • Life Sciences

    Retained on behalf of Lallemand, LLC to analyze the damages from the alleged infringement of patented technologies owned by DSM IP, LLC related to genetic modifications to yeast used in the commercial generation of bio-ethanol.

  • Consumer Products

    Retained by a patent owner to evaluate the reasonable royalty damages resulting from the alleged infringement of patented technologies included in GPS-enabled navigation products.

  • Computer Software & Hardware

    Retained on behalf of a defendant accused of infringing patents related to an equity trading system. This analysis focused on lost profits suffered by the plaintiff patent holder and measuring reasonable royalties.

  • Computer Software & Hardware

    Retained by a semiconductor company to evaluate the reasonable royalty damages from the alleged infringement of patented technologies that reduce errors in read channel chips used in hard drives.

  • Computer Software & Hardware

    Analyzed the reasonable royalty damages from the alleged infringement of patents related to systems and methods for RFID tracking systems.  This evaluation focused on the parties' licensing of comparable technologies and an analysis of industry royalty rates for similar RFID-related technologies.

  • Medical Devices

    Retained by a medical device manufacturer to evaluate the lost profits and reasonable royalty damages from the alleged infringement of patents related to implantable glucose monitoring systems and devices.

  • Industrial Equipment

    Retained by Dow Chemical to compute the lost profits resulting from Nova’s infringing sales of patented polyethylene resins.  In total, lost profits and reasonable royalties awarded to Dow, based on our analyses and testimony, totaled more than $60 million.

  • Telecommunications

    Retained by a holder of a portfolio of LTE-related patents to evaluate the reasonable royalty damages due from multiple mobile device manufacturers and wireless network operators.  Our analysis focused on evaluating relevant industry licenses and the financial benefits provided to the wireless network operators from using the patented technologies.

  • Computer Software & Hardware

    Retained on behalf of an automotive manufacturer to evaluate the reasonable royalty damages for the alleged infringement of patents related to providing remote control and monitoring of certain vehicular-related functionalities through the onboard computer and infotainment systems of vehicles.

  • Computer Software & Hardware

    Retained to evaluate the lost profit and reasonable royalty damages related to a load balancing software used in server farms and computer networks.

  • Consumer Products

    Retained by a manufacturer of pool flotation devices and toys to evaluate the reasonable royalty damages related to the patented technologies for specific construction designs.

  • Industrial Equipment

    Retained by a manufacturer of farming equipment to determine the lost profits resulting from the alleged infringement of patents related to sod harvesting equipment.

  • Consumer Products

    Retained by Malibu Boats to evaluate the lost profits and reasonable royalty damages resulting from Skier’s Choice alleged infringement of patents related to wake surfing systems.

  • Industrial Equipment

    Retained by Precision Fabrics Group to evaluate the lost profits, price erosion, and reasonable royalty damages resulting from Tietex’s alleged infringement of flame-resistant fabrics used in the construction of mattresses.

  • Telecommunications

    Retained by a holder of a portfolio of patents related to LTE to evaluate the reasonable royalty damages due from multiple mobile device manufacturers and wireless network operators. Our analysis focused on evaluating relevant industry licenses and the financial benefits provided to the wireless network operators from using the patented technologies.

  • Medical Devices

    Retained on behalf of a medical device manufacturer to analyze reasonable royalty damages for patented surgical staplers.  Our analysis involved considering whether royalties should also be due on non-patented products sold along with the accused stapler as part of a surgical kit.

  • Medical Devices

    Retained by a medical device manufacturer to evaluate the lost profits and reasonable royalty damages from the alleged infringement of patents related to IV disinfection technologies.

  • Medical Devices

    Retained by a medical device manufacturer to evaluate the damages from the alleged infringement of patents claiming technologies related to bone fixator plate and screw systems. 

  • Computer Software & Hardware

    Retained by EMC to analyze the royalty damages owed from Zerto’s alleged infringement of patents related to point-in-time recovery systems included in backup software.

  • Life Sciences

    Retained by Brigham and Women’s Hospital to analyze the damages resulting from Perrigo’s alleged infringement of patented methods for treating acid reflux.  At trial, a jury awarded royalties of nearly $10 million, consistent with our testimony.

  • Computer Software & Hardware

    Analyzed the reasonable royalties due for the use of a patented peer-to-peer network architecture in connection with the operation of a provider of video calling systems.  The patented technology was directed to “virtual directories” that allowed for the storage of node identification information in a peer-to-peer network.

  • Telecommunications

    Retained by a patent owner to determine the reasonable royalties owed for the alleged infringement of patented technologies related to functionalities included in wireless modules and Internet of Things devices and software.

  • Computer Software & Hardware

    Retained on behalf of a data storage company to analyze the damages from the infringement of patents relating to remote data storage and backup technology.

  • Telecommunications

    Evaluated the reasonable royalty damages from the alleged patent infringement of a wireless technology used in prepaid cell phones to prevent usage beyond the prepaid amount. This analysis focused on the benefit obtained by the wireless carriers from reduced losses caused by the usage of the phones beyond the prepaid amount.

  • Computer Software & Hardware

    Analyzed the royalty damages resulting from the infringement of a portfolio of patents related to mobile device operating system features and functionalities.  Our analysis focused on identifying the portion of profits that could be ascribed to specific functionalities in smartphones sold by the defendants.

  • Telecommunications

    Analyzed the reasonable royalty damages from the alleged infringement of patented technologies related to the use of location-based information in connection with processing calls on a wireless network.

  • Telecommunications

    Evaluated the reasonable royalties owed from the alleged infringement of patented technologies related to creating Wi-Fi hotspots on mobile devices using a wireless network connection.  This analysis focused on determining the economic benefits gained by the defendants from incorporating the patented technology in mobile devices.

  • Computer Software & Hardware

    Evaluated the damages due to Eagleview, Inc. from the alleged infringement by Xactware of patented technologies related to software used to automatically calculate measurements of roofs and housing structures based on aerial imaging.   

  • Computer Software & Hardware

    Retained by Uniloc for the retrial on the damages owed by Microsoft for the alleged infringement of anti-piracy technologies after the Federal Circuit vacated the original damages award.  Our work resulted in an admissible reasonable royalty opinion of nearly $1 billion.  The case settled the day after our testimony at trial.

  • Industrial Equipment

    Retained by Magotteaux to determine the lost profits and reasonable royalty damages resulting from AIA’s alleged infringement of patents related to industrial wear mechanisms and grinding processes used in the cement and mining industries.

  • Computer Software & Hardware

    Retained by a patent holder to analyze the damages related to Smart Card technology.  This analysis involved the evaluation of reasonable royalties and focused on the expected benefits obtained from the use of Smart Cards which are driven largely by retail payment applications.

  • Computer Software & Hardware

    Retained to determine the royalties owed by a social network for the alleged infringement of patented technologies related to the use of configurable links to automatically manage website content based on user-generated business rules.

  • Consumer Products

    Retained by a manufacturer of motorized bed frames to evaluate the damages from the alleged infringement of patents related to support systems that can be used to adjust the height and position of mattress bases.

  • Computer Software & Hardware

    Retained on behalf of a patent owner to evaluate the damages from the infringement of patents related to constructing and delivering targeted, personalized advertising to users of internet search engines.

  • Industrial Equipment

    Retained by a patent owner, Olaf Sööt Design, LLC, to determine the reasonable royalty damages owed from Daktronics, Inc. for the alleged infringement of patented technologies related to motorized winches used to lift and move scenery used in the theater industry. At trial, a jury awarded reasonable royalties of $1.8 million, consistent with our testimony.

  • Computer Software & Hardware

    Retained on behalf of a patent owner to analyze the damages from the alleged infringement of patents related to privacy control systems on social networks.

  • Consumer Products

    Retained by a manufacturer of adjustable bed frames to evaluate the potential reasonable royalty damages related to designs for bed frame construction.

  • Computer Software & Hardware

    Analyzed the damages from the alleged infringement of patents related to VoIP functions included in software sold to cable operators.  This analysis focused on the incremental subscriber revenues and profits derived by cable operators from the inclusion of the features covered by the patents.

  • Computer Software & Hardware

    Evaluated the reasonable royalty damages related to hinge technologies used in laptops that allow for the screen to rotate to be used as a touchscreen tablet.

  • Consumer Products

    Retained by a manufacturer of pool pumps to determine the damages from the alleged infringement of patents related to advanced plastic heating manifolds and responded to counterclaim damages on pool pump control mechanisms.

  • Computer Software & Hardware

    Retained to rebut the damages claimed from the alleged infringement of patents related to remote editing systems incorporated into an online meeting and collaboration software.

  • Telecommunications

    Analyzed the royalty damages from the alleged infringement of patents related to the handoff of calls between wireless cells. This analysis focused on evaluating prior licensing for the patents as well as cost savings from reductions in battery size.

  • Computer Software & Hardware

    Evaluated the damages from the alleged infringement of a patent directed to managing databases on the Internet.  This analysis focused on royalties due for the use of the technology and the value of alternative methods.

  • Computer Software & Hardware

    Evaluated the reasonable royalty damages owed by a semiconductor manufacturer for the alleged infringement of patented technologies related to manufacturing processes that increase both manufacturing yields and processor performance capabilities.

  • Computer Software & Hardware

    Retained on behalf of a developer of security and encryption technologies to analyze the damages from the alleged infringement of patents used to authenticate and accredit users across different network servers using a single sign-in.

  • Medical Devices

    Retained by AVX to evaluate the damages incurred by Greatbatch from AVX’s alleged infringement of patents relating to components used in defibrillators and pacemakers.

  • Medical Devices

    Retained by Diomed to measure the lost profits and reasonable royalties suffered as a result of AngioDynamics’ alleged infringement of patents related to a laser-based medical device used in the treatment of varicose veins.  At trial, a jury awarded $12.5 million in damages, consistent with our testimony.

  • Medical Devices

    Retained by Cordis’ parent, Johnson & Johnson, to determine the lost profits and reasonable royalty damages from the infringement of coronary stent patents.  Our work in this series of cases resulted in damages paid to Cordis totaling nearly $3 billion.

  • Consumer Products

    Retained by a manufacturer of treadmills to determine the reasonable royalty damages resulting from patented technologies related to manual treadmills.

  • Computer Software & Hardware

    Retained by a financial data provider to evaluate the reasonable royalties for the alleged infringement of patents related to data compression and decompression technologies.

  • Industrial Equipment

    Retained by Parker Hannifin to determine the damages resulting from the alleged infringement of patents held by Omegaflex related to a fitting that connects corrugated tubing in a residential natural gas piping system.

  • Computer Software & Hardware

    Retained by a patent owner to determine the reasonable royalty damages from Microsoft’s alleged infringement of patented technologies related to web development and database technologies.  At trial, a jury awarded reasonable royalties of more than $7 million, consistent with our testimony.

  • Computer Software & Hardware

    Analyzed the damages from the alleged infringement of patents related to music distribution over cable television.  This analysis focused on lost revenues and profits from the cable operator’s alleged infringement based on lost subscribers.

  • Computer Software & Hardware

    Retained by a patent owner to evaluate the damages from the alleged infringement of patents related to structured data storage and shared memory computer networks.

  • Consumer Products

    Retained by Arctic Cat to analyze Bombardier’s claim for lost profits damages resulting from the infringement of patents related to snowmobile chassis.  Our analysis focused on non-infringing alternatives and the dynamics of the highly competitive snowmobile market.

  • Telecommunications

    Retained on behalf of an owner of telecommunications patents to evaluate the reasonable royalties due from wireless carriers and mobile device manufacturers related to a portfolio of standard essential patents related to 3G and LTE technologies.  A damages award of more than $22 million was obtained for alleged infringement by Apple.

  • Computer Software & Hardware

    Evaluated the reasonable royalty damages to compensate for the alleged infringement of patents related to the processing of signals from satellites through receivers and decoders.

  • Computer Software & Hardware

    Retained by a provider of online video hosting to analyze the reasonable royalty damages from technologies related to providing increased efficiencies in video downloading.

  • Computer Software & Hardware

    Evaluated the damages resulting from the alleged infringement of patented technologies related to the management and control of licensed users of online video games.  

  • Telecommunications

    Prepared analysis of the damages from the alleged infringement of patents related to algorithms for routing of data packets when the ultimate destination of the packet was unknown. This analysis focused on the value of the technology in connection with the marketing and sale of routers and the appropriate market royalty rate.

  • Medical Devices

    Retained on behalf of a medical device manufacturer to analyze the lost profits and reasonable royalties from the alleged infringement of patents related to disposable laser probes used in ophthalmological surgical procedures.

  • Computer Software & Hardware

    Evaluated the lost profits and reasonable royalties due from the use of patented technologies related to online vehicle auction systems.

  • Computer Software & Hardware

    Retained by a manufacturer of flat panel displays to evaluate the potential damages owed from the alleged infringement of patents related to the operation of remote control and video interface functions in digital televisions.

  • Computer Software & Hardware

    Evaluated the reasonable royalty damages related to the alleged infringement of bar code technologies used for tracking mail and other packaging.  The royalty analysis focused on assessing the royalties paid by other companies for the use of the patented technology or comparable technology.

  • Consumer Products

    Retained on behalf of a manufacturer of firearms to evaluate the reasonable royalty damages for the patented technologies related to modular pistols.

  • Medical Devices

    Retained by a manufacturer of 3D digital scanners and intraoral scanners in a series of patent infringement suits related to the technologies for both hardware and software included in intraoral scanners.

Our Professionals

Our Professionals

Experienced experts and consultants for challenging problems.