NXP B.V. v. BlackBerry Limited and BlackBerry Corporation
Analysis Group was retained by Fish & Richardson and McDermott Will & Emery in this patent infringement lawsuit filed in the US District Court for the Middle District of Florida (Orlando Division). NXP's suit against Analysis Group client BlackBerry Limited and BlackBerry Corporation was related to three patents that allegedly covered technology used in mobile devices such as cellular phones and tablets. The inventions claimed by the three patents generally related to certain GPS, Wi-Fi, and data transfer capabilities. NXP sought significant total claimed damages against BlackBerry based upon a running per-unit royalty payment structure for each of the asserted patents. An Analysis Group team led by Managing Principal Keith R. Ugone, Ph.D. conducted an independent evaluation of the plaintiff's claimed damages and prepared a rebuttal report. Dr. Ugone testified in deposition and at trial that NXP's claimed damages were significantly overstated in light of relevant value indicators associated with the asserted patents and comparable outbound license agreements executed by BlackBerry. After several hours of deliberation, the jury found that BlackBerry's accused products did not infringe NXP's asserted patents and that the asserted patents were invalid. Accordingly, no damages were awarded.