Expert analysis of damages claims

Stout was engaged by outside counsel of a smartphone company to review and respond to damages claims set forth by the plaintiff's damages expert. The plaintiff alleged that our client, the defendant, infringed eight of the Plaintiff's standard essential patents related to 2G, 3G, and 4G/LTE cellular technology. Our work consisted of thoroughly reviewing and dissecting the opposing expert damages analysis and providing various alternative damages calculations. Our work highlighted the subjectivity, flawed methodologies, and sensitivities of the opposing expert's damages calculations. Among other things, our damages calculations corrected the numerous flaws in the opposing expert's analysis, which resulted in a reduction of damages of up to 96%. The case settled after our report was submitted to opposing counsel.