We were engaged by the Plaintiff in a patent infringement case dealing with technology relating to the generation of dynamic web pages. A Stout Managing Director acted as the testifying damages expert to offer an affirmative reasonable royalty opinion if liability was found. As part of our analysis, we worked closely with both a survey and technical expert.
Our work consisted of reviewing customer surveys, financial information, legal filings, license agreements, marketing materials, and the review of technical and opposing expert reports. The engagement involved significant Entire Market Value Rule (“EMVR”) and apportionment issues as the patented technology was embedding within a large software offering.
Our expert testified at trial on behalf of Plaintiff and concluded on a reasonable royalty that would provide adequate compensation to Plaintiff in the event that the patents-in-suit were found to be valid and infringed.