Brattle assessed damages associated with the company’s alleged infringement of a business methods patent that supported one of the software’s features. We showed that the opposing expert’s proposed royalty figure simply ignored contemporaneous usage data that demonstrated how infrequently the software company’s customers used the allegedly infringing feature. We also demonstrated that this lack of usage was consistent with the minimal advantages that the feature provided to the software company’s customers and the relatively low cost of licenses that the patent-holder had offered for the same invention. This case settled favorably for our client.

Practices