In 2019, Stout was engaged by the plaintiff’s counsel in a patent infringement matter concerning disposable electronic cigarette technology. The plaintiff held patents for the foundational design of this product category. Stout’s analysis focused on evaluating the economic evidence to establish when the plaintiff had substantially marked its products with the relevant patent number, a key determinant for damages.

Additionally, Stout assessed a reasonable royalty based on hypothetical negotiations at the time of the alleged infringement. Two royalty structures were presented: a running royalty tied to ongoing sales, and a lump sum payment. Stout’s comprehensive analysis contributed to a successful resolution for the patent holder on the eve of trial.