DDR Holdings, LLC v. Hotels.com, LP et al.

Analysis Group was retained by Fulbright & Jaworski LLP and Cooper & Dunham LLP in this patent infringement lawsuit filed in the U.S. District Court for the Eastern District of Texas (Marshall Division). The plaintiff, DDR Holdings, LLC, had filed suit against Analysis Group clients Digital River, Inc., and World Travel Holdings, Inc., for alleged infringement of two patents related to "private label" website solutions. At issue were partner-branded websites designed to have the "look and feel" of the partner's host websites. DDR sought claimed damages totaling $16.4 million through the time of trial against Digital River and World Travel Holdings.

An Analysis Group team, led by Managing Principal Keith R. Ugone, Vice President Minh P. Doan, and Manager Thomas McGahee, conducted an independent evaluation of DDR's claimed damages and prepared a rebuttal report. Dr. Ugone testified in deposition and at trial that DDR's claimed damages were significantly overstated (and unreasonably high) in light of real-world facts that would have been important considerations at a hypothetical negotiation between DDR and each of the defendants for a license to the patents-in-suit.

At the conclusion of the trial, the jury found the patents-in-suit to be valid and infringed. However, the jury awarded DDR $750,000 per defendant, for a total of $1.5 million, rather than the $16.4 million the plaintiff requested.

DDR also had sued Orbitz, Expedia, Travelocity, and International Cruise & Excursions for the alleged infringement of the same patents-at-issue in this case. Dr. Ugone was the damages expert for all six defendants.

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