MDD was engaged on behalf of the defendant in a trademark infringement matter. The plaintiff expert presented a damages remedy in the form of profit disgorgement and an alternative remedy in the form of a reasonable royalty.
MDD provided an expert report rebutting the damages contentions put forth by the plaintiff’s expert. Our analysis addressed the apportionment of sales not properly attributed to the accused marks and the quantification of direct and fixed costs properly considered and deducted from the accused sales base. Our rebuttal to the plaintiff’s reasonable royalty claim included addressing the lack of sufficient comparability of industry licenses relied on by the plaintiff’s expert in determining the concluded royalty rate in his hypothetical negotiation analysis.