AMS Sensors Awarded Disgorged Profits and Reasonable Royalty Damages with Support from Testimony by Senior Advisor Keith R. Ugone, Ph.D.

April 12, 2022

Analysis Group was retained by Munck Wilson Mandala on behalf of light sensor manufacturer AMS Sensors USA, the plaintiff in a trade secret misappropriation and breach of contract lawsuit against Renesas Electronics America. The case was filed in the US District Court for the Eastern District of Texas. AMS alleged that, subsequent to failed merger talks between the companies, Renesas misappropriated AMS’s trade secret information obtained through the due diligence process and started a competing optoelectronics business in breach of a confidentiality agreement. AMS sought disgorgement of Renesas’s profits and reasonable royalty damages.

An Analysis Group team led by Senior Advisor Keith R. Ugone and Vice President Joshua Levine conducted an independent assessment of AMS’s damages. Dr. Ugone filed three expert reports; testified at two depositions; and testified in both a 2015 trial – at which the jury found Renesas liable for both trade secret misappropriation and breach of contract – and a 2021 retrial on damages.

At the conclusion of the 2021 trial, the jury awarded AMS reasonable royalty damages for Renesas’s breach of the confidentiality agreement and made an advisory verdict to the judge that disgorgement of Renesas’s profits be awarded for the trade secret misappropriation, both largely in line with Dr. Ugone’s submissions. The judge upheld much of this verdict, ordering that Renesas pay AMS $8.5 million in disgorgement damages and $7.3 million in reasonable royalty damages. In addition, the judge also awarded exemplary damages and interest. The total amount awarded to AMS was $48.2 million.