Patient work-up and an excellent outcome
Our client, a manufacturer of a patented lamp holder used in photo studio lighting kits, retained Thomas Neches before I came in as trial counsel. Two-and-a-half years of litigation ensued. During that time the parties were attempting to mediate and the opposing party that infringed the patent obstructed discovery. Toward the time of trial, Mr. Neches and I discussed various alternative approaches to damages to supplement his prior report, in consultation with the client. We decided to stay the course relying on Mr. Neches' original methodology, analysis and calculation of lost profits. At trial Mr. Neches testified concerning his calculation of lost profits, leading the jury through a difficult analysis with precision based also on demonstrative charts contained in his report. After finding willful infringement on the part of the competing seller of the patented lamp holder, the jury returned a unanimous verdict in the amount calculated by Mr. Neches, and rejected the opposing expert's rebuttal of Mr. Neches' calculation.