Provided damages testimony in breach-of-contract and patent dispute

Provided damages testimony in breach-of-contract and patent dispute

Stout was retained by an international manufacturer and supplier of products in the wastewater industry regarding a breach-of-contract and patent dispute matter against a competitor.

The case went to trial in the Western District of Kentucky, and the Court found that the Defendants (which included both the owner and related business entities) breached a non-compete agreement with the Plaintiff and infringed on its effluent filter patent.

Lindsey Fisher testified on behalf of the Plaintiff regarding compensatory damages. In assessing damages, the Court specifically cited the importance of Lindsey Fisher’s testimony in its determination, writing the following:

“Here, the Court primarily relies on two sources for its calculations: (1) the parties’ stipulations on infringement damages; and (2) - the testimony of Lindsey Fisher, a director at a financial advisory firm, who was called by [the Plaintiff] at trial to testify as an expert on economic damages in this case. [...] Importantly, the Court found Fisher’s testimony to be credible, measured, direct, and consistent. Therefore, as will be discussed below in the conclusions of law, the Court will afford her testimony substantial weight in determining the appropriate amount of damages.”