Stout was retained as the damages expert on behalf of the Plaintiff’s and testified at deposition regarding the damages recoverable by the Plaintiff, assuming infringement of four patents related to bioprosthetic heart valves and devices and methods used to implant them. After considering testimony of various witnesses and reviewing and analyzing volumes of contemporaneous business records, Stout developed various damages scenarios depending on which patents were found to infringe and whether acceptable noninfringing alternatives existed. In determining the damages for each scenario, Stout considered the Panduit factors, commonly accepted valuation approaches (market, income and cost approaches) and the Georgia-Pacific factors.
Stout was also asked to provide an opinion in response to a counterclaim of patent infringement related to three patents pertaining to remodeling rings used in the treatment of tricuspid valve disease. Stout provided an opinion identifying the numerous flaws in opposing expert’s lost profits analysis.
The initial matter and the counterclaim settled prior to trial as the parties reached an agreement to settle these and other patent infringement suits in one omnibus settlement agreement.