Cheetah Omni LLC v. Verizon Services Corporation, et al.
Analysis Group client Verizon Services Corporation was sued by Cheetah Omni LLC for claimed infringement of a patent related to certain optical processing technologies used in Verizon’s FiOS network. The plaintiff was seeking $20.8 million in royalty damages.
The case was tried before Judge Leonard Davis in the U.S. District Court for the Eastern District of Texas, Tyler Division, and the jury found all six patent claims to be infringed. However, working with the law firms Winston & Strawn LLP and Potter Minton P.C., an Analysis Group team, including Managing Principal Keith R. Ugone and Vice President Bruce L. Blacker, conducted an independent evaluation of the plaintiffs’ claimed damages, prepared rebuttal reports, and assisted counsel in depositions related to damages issues. Dr. Ugone testified at deposition and at trial that if infringement were found, a significant portion of Cheetah’s claimed damages should be limited to the replacement cost of switching to a non-infringing technology for those components that had an acceptable non-infringing alternative.
The jury awarded the plaintiffs $5.4 million in damages rather than the $20.8 million sought.