MDD was engaged on behalf of the accused infringer in a patent case involving software modules used in the design of stamping dies for OEM automotive body parts.
The plaintiff presented its damages claim in the form of lost profits, price erosion, and foreign currency exchange losses on the accused sales made to customers in the U.S. and overseas markets.
MDD’s rebuttal of the lost profit claim included analyzing the marketing and sales of the patented and accused products including the differing capabilities, functionality and customers’ use of the products. MDD also examined the existing licensing relationship between the patentee and its sister companies selling the patented products showing that the patentee did not sell the products covered by the patents and, as such, could not claim a lost profits remedy. The study also addressed acceptable non-infringing alternatives available to the infringer on the accused sales to overseas customers and the influence on the hypothetical negotiation.
Shortly after filing the rebuttal damages report the matter settled favorably for the client.
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