MDD was engaged on behalf of the accused infringer in a patent case involving software modules used in the design of stamping dies for OEM automotive body parts. The plaintiff presented its damages claim in the form of lost profits, price erosion, and foreign currency exchange losses on the accused sales made to customers in the U.S. and overseas markets.
The damages study analyzed the marketing and sales of the patented and accused products including the differing capabilities, functionality and customers’ use of the products. The study also examined the existing licensing relationship between the patentee and its sister companies selling the patented products. The study addressed acceptable non-infringing alternatives available to the infringer on the accused sales to overseas customers and the influence on the hypothetical negotiation.
Shortly after filing the rebuttal damages report the matter settled favorably for the client.