March 28, 2023
Dr. Matt Farber provided trial testimony on behalf of dbest Products Inc. in patent litigation involving a transport cart patent. The jury awarded damages in the exact amount testified to by Dr. Farber.
Secretariat worked with Orbit IP LLC on behalf of dbest Products Inc. in patent litigation involving a transport cart patent embodied by dbest’s Trolley Dolly line of products. The parties had previously stipulated to infringement by Guangzhou Yucheng Trading Co. The issues remaining were damages and willfulness.
During its work, Secretariat analyzed the Panduit factors to determine both whether lost profits were appropriate and the quantum of lost profits. Secretariat also determined a reasonable royalty reflecting the market’s valuation of a license to the patented technology.
Dr. Matt Farber submitted a report and provided expert testimony at trial. Dr. Farber’s work was supported by Associate Alex Gisquet.
After a four-day trial, the jury returned a verdict in favor of dbest with a damages award in the exact amount of the lost profits damages testified to by Dr. Farber. The patent at issue was U.S. Patent No. 9,233,700.
Law 360 (subscription may be required) coverage of the verdict can be found here.
*Work performed by individuals while employed by Intensity, LLC. Intensity was acquired by Secretariat in February 2023.
Jennifer Vanderhart, Steven Schwartz, Richard Brady, and Aminta Raffalovich authored a chapter in The Guide to Damages in International Arbitration – Sixth Edition. The guide is designed to assist the global arbitration community in understanding damages issues. The chapter is titled “The Use of Econometric and Statistical Analysis in Damages.”
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