Stout was engaged as the damages expert in a patent infringement case involving an industrial services, heavy lift, and transportation company. Our role was to critique the Plaintiff’s damages expert’s methodology and opinions, and to prepare an expert report outlining the appropriate measure of damages.

As part of our analysis, Stout determined a reasonable royalty based on a hypothetical negotiation, incorporating considerations for proper apportionment and profitability. Following the submission of expert reports and depositions, with Stout’s support, the Defendant’s legal team was able to secure the full exclusion of the opposing expert’s damages opinions by the Court, while Stout’s findings remained entirely intact.

The case, pending in the U.S. District Court in Washington, was ultimately dismissed after the Court granted summary judgment in favor of the Defendant.