Stout was retained by Planmeca, a Finnish manufacturer of high-tech dental 3D-imaging devices, to analyze and testify to a reasonable royalty that would provide adequate compensation to Osseo Imaging LLC (“Osseo”) if a trier of fact determined that certain Planmeca ProMax 3D-imaging systems infringed patents held by Osseo. Osseo, the patent holder and plaintiff in the case, claimed that as a result of the alleged infringement, Planmeca should pay a royalty rate of over $5,000 per system, which would have amounted to over $20 million in reasonable royalty damages (and up to $60 million if a jury found Planmeca’s infringement to be willful).
A one-week trial was held in Delaware Federal court, where John Bone, a Managing Director with Stout, testified as the damages expert on behalf of Planmeca. Mr. Bone testified that the Plaintiff’s royalty model was flawed and that even if the plaintiff’s royalty approach was appropriate, the reasonable royalty could not be more than approximately $1,000 per device if certain corrections to their model were made, which would amount to reasonable royalties of no more than approximately $3.9 million. Mr. Bone also testified that a more proper approach to determining the reasonable royalty would have amounted to a reasonable royalty of $200 per device, which would amount to reasonable royalties of approximately $700,000.
After hearing all of the evidence and testimony that were presented during the course of the trial, the jury found that Planmeca infringed the Osseo’s patents but only awarded $2.3 million in damages, which was the midpoint of the two royalty estimates that Mr. Bone testified to at trial. Mr. Bone was assisted by Candice Cornelius and Maureen Tracey from Stout.