Representative Case Examples
Patent – Smartphones: Damage analysis on
behalf of the defendant, a telecommunications and wireless equipment
company, related to determining a reasonable royalty for user interface
technology in smartphones including call-handling, digital image, audio
and video functionalities. Plaintiff’s
claim was for tens of millions of dollars.
Fashion Dolls: Damage
analysis on behalf of defendant, a toy manufacturer, related to alleged
infringement of copyrighted sketches created by a doll designer. Plaintiff’s claim was for over a billion dollars. Our analyses addressed plaintiff’s
disgorgement claim and included determination of revenues, deductible
expenses and profits related to a wide variety of fashion doll themes and other
products, as well as methods for profit apportionment attributable to the
Trade Secrets/Copyright –
Mainframe and Distributed System Software: Damage analysis
on behalf of plaintiff, an international mainframe and distribution
systems software and services company, against a direct competitor. We analyzed plaintiff’s lost profits,
increased costs and a reasonable royalty for the defendant’s use of the
intellectual property. Plaintiff’s claim
was for several hundred million dollars.
– Satellite Television Service: Damage analysis for
several matters related to modem technology and PPV billing, interactive
program guides and digital video recorder technology. In the determination of a reasonable royalty,
we analyzed licenses, agreements and patent pools, and addressed patent
stacking issues and design-around costs. Plaintiff’s claims were for tens of millions
analysis on behalf of defendant, a manufacturer of a generic equivalent of
an anti-rejection drug for organ transplants. Our analyses addressed the determination
of a reasonable royalty and rebuttal of plaintiff’s lost profits claim,
which was approximately $50 million.
Patent ITC - 3G/4G
Cell Phone Technology: Economic analysis on behalf of a
respondent in an ITC action related to assessing a non-practicing entity’s
royalty rates in executed licenses and license offers covering standard
essential patents subject to FRAND/RAND commitments.
Secret– Web Conferencing Technology: Damage analysis on behalf of
defendant related to alleged breach of a joint development agreement and misappropriation
of trade secrets. We analyzed plaintiff’s
allegations that use of the trade secrets led to an increase in the
defendant’s market share and sales, and ultimately to the acquisition of
the defendant by a major software company. Plaintiff’s claim was for just under $50
Patent ITC – LCD
analysis on behalf of complainant related to extending an exclusion order
to downstream products incorporating the accused modules, including determining
the value of the infringing components, analyzing alternative downstream
products, assessing the impact of an exclusion order on the markets and
market participants for the downstream products, and understanding the
worldwide design, manufacture, assembly and testing flow of the accused
products. There were over a billion
dollars of annual sales of accused products.
Trade Secrets /Breach
of Joint Development Agreement – Robotic Medical Catheter: Damage analysis on
behalf of plaintiff related to lost profits and unjust enrichment due to a
co-developer entering into a second development agreement involving the
same advanced robotic technology with a competing catheter manufacturer. Plaintiff’s claim was approximately $40 million
in lost profits and unjust enrichment.
Copyright – Digital
Music Devices and Digital Downloads: Damage analysis on behalf of
defendant related to allegations that defendant improperly used a
copyrighted song released by a major pop band in the promotion of its
products in a television commercial.
We analyzed revenues, deductible expenses and profits allegedly
associated with the claimed intellectual property, and considered
apportionment of profits attributable to the copyrighted song.