An MDD professional was engaged on behalf of the plaintiff in a design patent case involving automobile cell phone chargers. The plaintiff sought damages under a profit disgorgement theory. The damages study quantified the total accused sales made by the infringer and analyzed the relevant incremental costs appropriately deducted. The study also addressed other fixed costs potentially considered in a profit disgorgement determination.
The MDD professional provided deposition testimony and the matter settled favorably for the client prior to trial.