Patent Infringement Matter Against E-commerce Retailer
Plaintiff brought this suit alleging that an e-commerce retailer's product recommendations systems infringed the plaintiff's patents, and claimed significant damages. Managing Principal Keith R. Ugone, supported by an Analysis Group team led by Vice President Minh P. Doan, rebutted the plaintiff's damages claim. Dr. Ugone prepared a rebuttal expert report and testified in deposition that the claimed damages were unreliable and overstated in comparison to a number of value indicators for the patents-in-suit. He also performed an independent evaluation of the parties' respective bargaining positions and the likely outcome of a hypothetical negotiation for a license to the patents-in-suit. Among the factors considered by Dr. Ugone were the defendant's significant contributions to the implementation of the features for which infringement was alleged.
Analysis Group affiliate Randolph Bucklin also served as a rebuttal witness. Supported by Vice President Peter P. Simon, Professor Bucklin rebutted the plaintiff's position regarding the impact of the defendant's recommendations system on consumers' shopping behavior. His expert submission included an evaluation of the relevance of academic literature and other evidence cited by the plaintiff, as well as various marketing-related analyses associated with the effectiveness of recommendations systems. The case settled before trial.