Patent damages

  • Retained as a testifying expert by a technology firm involving software patents. Evaluating preliminary damages estimates based on reasonable royalties and the profitability of allegedly infringing products. Assisting counsel with discovery requests, case strategy, and  support for licensing negotiations.
  • In Applied Medical v. Tyco Healthcare, on behalf of Applied Medical, retained as a testifying expert to evaluate patent infringement damages based on lost profits and reasonable royalties.
  • Retained as a testifying expert on behalf of a leading computer manufacturer to provide economic analysis and assessment of reasonable royalties in connection with patent infringement claims.
  • For SAP in Sky Technologies v. SAP, empirically estimated the contribution to customer demand resulting from the accused product features. Estimated patent value and implicit royalty rates from past financial transactions and licensing settlements. Provided support for expert testimony by a leading academic economist.
  • Testified in Ameranth Inc. v. Par Technology, a patent infringement matter in the market for wireless data synchronization technology. Submitted expert report on damages based on reasonable royalties.
  • Testified in Crystal Import Corp. v. Avid Identification Sys., an exclusionary conduct matter regarding IP involving radio frequency identification microchips. Performed economic analysis to define the relevant antitrust markets, assess market power, and evaluate the anticompetitive effects of a technological tying arrangement and the enforcement of a patent obtained through inequitable conduct. Supported the damages expert performing a financial forecast of the damages that resulted from the conduct at issue.
  • On behalf of DuPont, provided damages analysis in litigation against Monsanto regarding alleged patent infringement and breach of contract in the agricultural biotechnology industry. Calculated reasonable royalty amount and evaluated appropriate royalty structure in light of DuPont’s alleged use of Monsanto’s technology. The parties agreed to dismiss antitrust and patent lawsuits filed against each other as part of a broader licensing agreement.