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 Patent Litigation
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 Damage Awards
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Damage Awards |
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Morgan & Finnegan is a leading expert on the determination of damages in patent and trade secret cases, and we have an exemplary record of obtaining substantial damage awards and record settlements in challenging cases. Our attorneys are responsible for four of the top 50 awards, and two of the top 20 awards, as well as two of the top 25 patent infringement settlements of all time. We consider the question of damages to be an integral part of any litigation strategy, whether as a defendant or a plaintiff.
Litigations are an investment of time and money, and anticipating potential damages is part of understanding the true business objectives behind an infringement suit. We are skilled at constructing realistic equations long before formal discovery begins. We consider carefully whether this investment in time and money will provide a significant return in terms of damages and interest, and realistically protect competitive advantage, market position and future profitability derived from sales or licensing programs.
Once in the courtroom, we integrate the liability and damages phases of the trial as closely as possible and are skilled at creating a credible and comprehensive damages argument from the very start. Our litigators make innovative and ingenious use of sales, marketing and industry data to support our case, and also convincingly argue how consumer attitudes towards product features and innovations, test markets and new product introductions can influence sales. We create solid, realistic arguments for plaintiffs and are equally creative when defending a client in illustrating for a jury the flaws in an opponent's position. We also have a sophisticated understanding of corporate finance, required when the goal is obtaining the maximum interest rate for pre-judgment damages; in some cases the interest awarded to our client has exceeded the damages.
Our equally careful and creative approach has resulted in some legendary litigations with significant trial awards such as Procter & Gamble v. Paragon Trade ($178 million); Mobil Oil v. Amoco Chemicals ($120 million); and Stryker v. Intermedics Orthopedics ($72 million), as well as record settlements in Procter & Gamble v. Keebler, Nabisco and Frito Lay ($125 million) and Rhone-Poulenc Rorer v. Baxter ($105 million).
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