Stout was retained on behalf of a large financial services company in patent litigation involving mobile check deposit technology that had been filed against it by another large financial services company. Patents had been asserted against our client in two separate cases, and our work was focused on the second of the two cases.

Our work included the issuance of multiple reports addressing damages (assuming liability was found) as well as rebutting the other side’s damages claim. Eventually, the case went to trial in Marshall, Texas, in mid-September 2022. Leading up to the trial, the other side had been involved in three prior jury trials in Marshall related to its mobile check deposit technology, with those juries awarding it $200 million, $102 million, and $218.45 million, respectively.

At the September 2022 trial, the plaintiff’s expert asked for damages of $80.5 million covering a period of approximately 14 months, and Stout's Julie Davis testified that damages instead should be a lump sum of $4.3 million for the life of the patents. The jury returned a verdict finding that our client had infringed the asserted patents but awarded damages in the amount that Ms. Davis had opined: $4.3 million for the life of the patents.

This case demonstrates our team’s expertise in working with counsel to develop, defend, and present damages opinions in a manner that resonates with juries.