Case Study
Patent Damages, Lost Profits, Reasonable Royalty – Industrial Equipment
1Overview
Dr. DeForest McDuff was retained to evaluate damages related to alleged infringement of a patent pertaining to a vehicle spray washer with lighted spray arms. As a result of Dr. McDuff, Ryan Penkowski, and their team’s work, a jury in the district court awarded both lost profits and reasonable royalty damages in an amount consistent with Dr. McDuff’s testimony.
2The Challenge
Two damages theories across a multi-product line
The competitive dynamics between the parties informed a patent infringement damages analysis that considered many factors. Dr. McDuff, Mr. Penkowski, and their team presented analysis of the Panduit factors related to lost profits and Georgia-Pacific factors related to a determination of a reasonable royalty. Multiple products were included in the damages calculation, requiring careful consideration and due diligence.
3The Outcome
A jury award tracking Insight’s damages opinions, largely affirmed
Dr. McDuff offered expert offered damages opinions at trial, which the jury adopted in awarding lost profits and reasonable royalty damages. On appeal, the Federal Circuit affirmed the majority of the damages awarded.
Case Experts
