Stout was retained as the damages expert on behalf of Plaintiff’s and testified at deposition regarding the damages recoverable by the Plaintiff, assuming infringement of two patents related to rapid ventricular pacing, a technique sometimes utilized during the implantation of transcatheter heart valves. Stout reviewed and analyzed the testimony and documents produced in discovery and determined that a reasonable royalty was the most appropriate measure of damages. Stout developed an opinion as to a reasonable royalty in the context of a hypothetical negotiation that would have occurred between the parties, considering the Georgia-Pacific factors and the relative bargaining positions of the parties. Stout concluded that the parties would have agreed to a royalty within a range calculated based in large part on the defendant’s incremental profits relating to the accused features.
The matter settled prior to trial as the parties reached an agreement to settle this and other patent infringement suits in one omnibus settlement agreement.