Patent infringement matter involving Wi-Fi communications technology
Patent infringement matter involving Wi-Fi communications technology
Trial Testimony and Deposition Testimony
In Ericsson v. D-Link, et. al. (an often cited case that is instructive for determining a reasonable royalty for a FRAND-encumbered Standard Essential Patent) Stout expert John Bone testified as the expert witness on damages resulting from the infringement of a portfolio of SEPs relating to 802.11n (Wi-Fi) communications by numerous implementers. John testified to the reasonable royalty that would be appropriate in light of RAND obligations and, despite contrary testimony from an opposing expert, the jury awarded a reasonable royalty consistent with John’s opinion. The royalty analysis addressed, among other things, royalty stacking, lock-in and hold-up, and apportionment. The case was appealed to the Federal Circuit where the analysis and conclusions survived scrutiny.