Expert opinion on damages and permanent injunction in patent infringement matter
Expert opinion on damages and permanent injunction in patent infringement matter
Stout was retained as the damages expert by a medical device manufacturer. The manufacturer was claimed to infringe patents relating to high-frequency spinal cord stimulation therapy. Stout’s team analyzed the factors relating to customer demand and the relative benefits of various product features. They used this analysis to develop an expert rebuttal report to the plaintiff's lost profits and reasonable royalty calculation. Additionally, Stout’s expert considered and commented upon factors tending to support or not support the granting of a permanent injunction under the eBay test.