Assessed patent damages in electronic cigarette (vaping) litigation

Assessed patent damages in electronic cigarette (vaping) litigation

In 2019, Stout was engaged by the plaintiffs counsel in a patent infringement matter concerning disposable electronic cigarette technology. The plaintiff held patents for the foundational design of this product category. Stouts analysis focused on evaluating the economic evidence to establish when the plaintiff had substantially marked its products with the relevant patent number, a key determinant for damages.

Additionally, Stout assessed a reasonable royalty based on hypothetical negotiations at the time of the alleged infringement. Two royalty structures were presented: a running royalty tied to ongoing sales, and a lump sum payment. Stouts comprehensive analysis contributed to a successful resolution for the patent holder on the eve of trial.