Nathan experts have substantial experience in providing expert analysis and testimony in cases and projects involving patented technology. The cases listed below are representative of the past engagements of the firm.

Accuride International, Inc. v. SSW Holding Company Inc.
Senior Vice President Russell Mangum provided deposition testimony on behalf of the plaintiff. Dr. Mangum evaluated damages associated with claims of patent infringement regarding residential oven mechanism technology.

American Bio Medica Corporation v. Phamatech, Inc.
Senior Vice President Stephen Schneider submitted a declaration as the expert witness on behalf of the plaintiff regarding lost income resulting from alleged patent infringement, trade dress infringement, and unfair competition concerning the manufacture and distribution of rapid drug testing devices.

Aqua-Lung America, Inc. v. American Underwater Products, Inc., dba Oceanic, et al.
Senior Vice President Stephen Schneider prepared an expert report and provided deposition testimony on behalf of the counterplaintiff, Aqua-Lung, in rebutting the counterdefendant’s assertions regarding lost profits and reasonable royalties related to alleged patent infringement in the manufacture and sale of air regulators used for scuba diving that incorporate a technology that prevents the inadvertent entry of water and other contaminants.

Richard J. Arnott v. Metamorphic Surgical Devices, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated damages related to plaintiff’s claim of omission as a listed inventor for patents related to intravenous medical guide wire and capture devices.

Atser Research Technologies, Inc. v. Raba-Kistner Infrastructure, Inc., et al.
Senior Vice President Russell Mangum provided deposition testimony on behalf of the defendants. Dr. Mangum evaluated damages associated with claims of patent infringement related to an electronic data management system used in public sector transportation construction projects.

BestSweet, Inc., v. NTI Holdings Corp. and Nutravail LLC
Senior Vice President Russell Mangum prepared an expert report on behalf of the plaintiff/counterdefendant. Dr. Mangum evaluated claims of patent infringement and breach of contract damages related to alleged wrongful use of technology related to the manufacture of additive-infused confectionaries.

Black Hills Media, LLC v. Sonos, Inc
Senior Vice President Brad Kullberg provided an expert report and deposition testimony for the plaintiff. Mr. Kullberg evaluated the reasonable royalty damages owed to the plaintiff for the alleged infringement of its patents related to the distribution of streaming media on a local network.

BP Biofuels Advanced Technology, Inc. v. University of Florida Research Foundation, Inc.
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the plaintiff on the business interpretation of historical license agreements for the defendant’s biofuel technology patents. Mr. Dansky also evaluated the financial value of a sublicense granted by the plaintiff.

California Table Grape Commission v. Sandrini
Senior Vice President Russell Mangum acted as the expert witness on behalf of the plaintiff. Dr. Mangum estimated a reasonable royalty related to alleged infringement of a patent related to a variety of grapes.

Chicago Mercantile Exchange and The Board of Trade of the City of Chicago v. Technology Research Group LLC
Senior Vice President Russell Mangum provided deposition testimony on behalf of counterplaintiff Technology Research Group LLC. Dr. Mangum evaluated reasonable royalty damages related to alleged patent infringement involving exchange trading of futures and options contracts of commodities.

C.M.L. s.r.l v. INECO Industrial Navarra de Equipos y Comercio, S.A.
Senior Vice President Stephen Schneider prepared expert and supplemental reports and provided deposition and trial testimony on behalf of the plaintiff regarding lost profit and reasonable royalty damages related to alleged unfair competitive behavior, trade dress infringement, and patent infringement involving the manufacture and sale of pipe and tube-bending equipment and patented counter-bending dies.

Cold Spring Harbor Laboratory v. Ropes & Gray LLP and Matthew Vincent
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the defendant in a malpractice case related to the prosecution of the plaintiff’s RNAi gene silencing patents. Mr. Dansky estimated the potentially lost licensing revenue owing to the alleged delay in the issuance of the plaintiff’s patents.

Curtiss-Wright Flow Control Corp. v. Z&J Technologies GmBH
Senior Vice President Russell Mangum acted as the expert witness on behalf of the plaintiff. Dr. Mangum estimated lost profits and reasonable royalty damages related to alleged infringement of a patent related to specialized valves used in delayed coking processes in oil refineries.

Deep9 Corporation v. Barnes & Noble,Inc., and Barnesandnoble.com, LLC.
Senior Vice President Russell Mangum provided deposition testimony on behalf of plaintiff Deep9 concerning reasonable royalty damages related to alleged patent infringement involving accused synching technology used in electronic eReader devices.

DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc
Senior Vice President Michael Dansky testified at multiple trials for the plaintiff in patent cases that were split by different types of spinal implants – lumbar/thoracic and cervical. Mr. Dansky evaluated the lost profits and reasonably royalty damages owed to the patent holder for the infringement of patents for spinal fusion screws and related components. Both cases led to successful jury verdicts for the plaintiffs.

ePlus, Inc. v. Lawson Software, Inc.
Senior Vice President Russell Mangum provided deposition testimony on behalf of the plaintiff. Dr. Mangum evaluated reasonable royalty damages related to alleged patent infringement involving e-procurement business software.

EVM Systems, LLC v. Rex Medical, L.P. et al
Senior Vice President Michael Dansky testified at trial for the defendant on the reasonable royalty damages related to the alleged infringement of the asserted vena cava filter patent. A key element of Mr. Dansky’s opinion was based on his deconstruction of the prior licenses granted by the patent holder.

Fujitsu Limited v. Belkin International, et al.
Senior Vice President Russell Mangum provided deposition testimony on behalf of defendants D-Link and ZyXEL, concerning the issues of reasonable royalty damages and intervening rights related to alleged patent infringement of wireless card products.

Fujitsu Limited, LG Electronics, Inc. and U.S. Phillips Corp. v. Netgear, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated reasonable royalty damages in connection with allegations of patent infringement involving wireless technology in the context of industry standards and patent pool agreements.

Kevin C. Harmon v. Thomas J. Wood, et al.
Principal Affiliate Gary French acted as the expert witness on behalf of the plaintiff. Dr. French performed an analysis of antitrust and damage issues in case involving the expropriation of business assets, including a patent for a nasal ventilation system to be used with continuous positive airway pressure machine.

C&A Marketing, Inc. v. GoPro, Inc.
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the defendant in a design patent infringement case. Mr. Dansky evaluated the factors related to the article of manufacture and the amount of profits related to the alleged infringement to be disgorged in the event of a successful showing by the plaintiff.

Charles A. Hartjen, M.D., v. Cross Medical Products, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated market value of technology and unjust enrichment damages related to a patent inventorship dispute involving spinal fusion implant systems.

Human Touch, LLC (formerly Interactive Health LLC) et al v. KingKong USA, Inc., et al.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendants. Dr. Mangum estimated lost profits, reasonable royalty, unjust enrichment, and corrective advertising damages related to allegations of patent infringement, trademark infringement, trade dress infringement, false advertising, and unfair competition related to massage furniture and products.

Image Processing Technologies, LLC v. Canon, Inc. and Canon USA, Inc.
Senior Vice President Brad Kullberg provided an expert report and deposition testimony for the plaintiff. Mr. Kullberg evaluated the reasonable royalty damages owed to the plaintiff for the alleged infringement of its image processing patents used in digital cameras.

Imaginal Systematics v. Leggett & Platt, Inc. and Simmons Bedding Company
Senior Vice President Russell Mangum provided trial testimony on behalf of defendants Leggett & Platt, Inc. and Simmons Bedding Company concerning reasonable royalty damages related to alleged patent infringement involving automated stapling machines used in bed manufacturing.

Inventio AG v. Otis Elevator Company
Senior Vice President Russell Mangum provided deposition and trial testimony on behalf of plaintiff Inventio AG. Dr. Mangum evaluated reasonable royalty damages related to alleged patent infringement involving control systems for high-rise commercial elevators.

iRise v. Axure, Inc.
Senior Vice President Russell Mangum provided deposition testimony on behalf of the plaintiff. Dr. Mangum evaluated damages associated with claims of patent infringement regarding software simulation technologies.

Janssen Pharmaceutica et al v. Mylan Pharmaceuticals et al
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the defendant in a Hatch-Waxman (ANDA) case on the commercial success of the plaintiff’s branded anti-HIV drug.

JuxtaComm Technologies Inc. v. Ascential Software Corp., et al.
Senior Vice President Michael Dansky provided expert reports and deposition testimony for the plaintiff asserting its data integration patents against 21 defendants, all of whom took a license to the plaintiff’s patents.

Karen Umbrella Co., Ltd. v. Yeh Hung Co., Ltd.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendants. Dr. Mangum estimated lost profits and reasonable royalty related to alleged infringement of a patent related to market umbrellas.

KBA-Giori North America, Inc. and KBA-Giori S.A. v. Muhlbauer, Inc. and TEMA GMbH
Senior Vice President Russell Mangum prepared an expert report on behalf of the plaintiff. Dr. Mangum evaluated damages associated with claims of patent infringement regarding document and print inspection system technologies.

KBA-Giori North America, Inc. v. Muhlbauer, Inc. and TEMA GMbH
Senior Vice President Russell Mangum provided deposition and trial testimony on behalf of the plaintiff. Dr. Mangum evaluated damages associated with claims of patent infringement regarding document and print inspection system technologies.

Gerald A. Kellogg v. Nike, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated reasonable royalty and unjust enrichment damages related to alleged design patent infringement involving branded athletic hats.

“Major Biotechnology Company A” v. “Major Biotechnology Company B”
Senior Vice President Michael Dansky testified at multiple arbitration hearings for the defendant in a dispute relating to a series of complex licensing agreements in the DNA testing field that had been agreed to by predecessor companies over a twenty-year period. Mr. Dansky testified on the construction and interpretation of license agreements, acceptable and standard licensing practices and monies owed under the licenses. The arbitration panel awarded a fraction of what was demanded by the plaintiff providing a successful outcome for the defendants.

McDavid Knee Guard, Inc., and Stirling Mouldings Limited v. Nike USA, Inc.
Senior Vice President Russell Mangum prepared an expert report on behalf of the defendant. Dr. Mangum evaluated lost profits and reasonable royalty damages related to alleged patent infringement and unfair competition involving specialized padded athletic clothing.

In re Microcrystalline Cellulose Antitrust Litigation
CEO John Beyer acted on behalf of some purchasers of microcrystalline cellulose regarding patent licensing fees and allocation of markets with the expiration of patent.

Microsoft Corporation v. Motorola, Inc. et al
Senior Vice President Michael Dansky testified at trial for the defendant in breach of contract litigation related to the Fair, Reasonable and Non-Discriminatory (FRAND) licensing of the defendant’s Standard Essential Patents (SEPs) for WiFi and video compression technologies. Mr. Dansky evaluated the financial value to the parties for their respective use of the other’s SEP portfolios.

MPEG LA, LLC v. Audiovox Corporation
Senior Vice President Brad Kullberg provided deposition and trial testimony in New York State Supreme Court in a dispute related to royalties owed under a Standard Essential Patent (SEP) patent pool license. Mr. Kullberg provided testimony on customary licensing practices in the consumer electronics industry.

Molecular Diagnostics Laboratories v. Hoffman-La Roche Inc., et al.
CEO John Beyer acted on behalf of a class of purchasers of Thermus aquaticus DNA polymerase (Taq) alleging that the enforcement of a fraudulently obtained patent caused purchasers to pay excessive prices.

Mylan Institutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd. et al
Senior Vice President Michael Dansky provided multiple expert reports, was deposed multiple times and testified at the preliminary injunction hearing for the plaintiff on the issues of irreparable harm, balance of hardships, and the public interest. The plaintiff’s motion for a preliminary injunction was granted and the case settled favorably for the plaintiff.

MyMail, Ltd. v. America Online, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendants. Dr. Mangum estimated reasonable royalty related to alleged infringement of a patent related to dial-up internet registration and access.

Nikko Co., Ltd., v. Excalibur Electronics, Inc.
Senior Vice President Stephen Schneider prepared an expert report and provided deposition testimony on behalf of the plaintiff concerning reasonable royalty damages related to alleged patent infringement involving the manufacture and distribution of toy race cars and associated transmitters with recharging capability.

“Non-Practicing Entity” v. “Major International Cellular Infrastructure Company”
Senior Vice President Michael Dansky advised a defendant engaged in worldwide patent infringement litigation on a Fair, Reasonable and Non-Discriminatory (FRAND) royalty rate range for the plaintiff’s portfolio of 3G and LTE cellular Standard Essential Patents (SEPs). Mr. Dansky prepared several white papers relied upon by the defendant in its settlement negotiations.

In re Paragon Trade Brands, Inc.
CEO John Beyer acted as an expert witness on behalf of the equity holders of Paragon Trade Brands. Dr. Beyer analyzed likelihood of success in ongoing patent litigation and Paragon emerging from bankruptcy as a healthy business.

Personalized Media Communications, LLC v. Samsung Electronics America, Inc. et al
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the plaintiff on the reasonable royalty damages related to the unlicensed use of the asserted encrypted video streaming patents.

Promega Corporation v. Life Technologies Inc.
CEO Dr. John Beyer provided testimony on behalf of plaintiff Promega Corporation regarding lost profits and, alternatively, reasonable royalties, in connection with Life Technologies’ alleged infringement of Promega’s patent rights. At issue were short tandem repeat (STR) kits used to test DNA samples, which Promega alleged Life Technologies sold for infringing applications. A jury awarded Promega lost profits damages of $52 million and found that Life Technologies had infringed Promega’s patent rights willfully.

Queen’s University at Kingston and PARTEQ Research and Development Innovations v. Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC
Senior Vice President Michael Dansky provided an expert report and deposition testimony for the plaintiff. Mr. Dansky evaluated the reasonable royalty damages related to the defendant’s alleged use of the asserted face recognition software patents in its smartphones and smart televisions.

REC Software USA, Inc. v. Bamboo Solutions Corp., Microsoft Corp.,and SAP America, Inc.
Senior Vice President Russell Mangum provided deposition testimony on behalf of defendant Microsoft concerning reasonable royalty damages related to alleged patent infringement involving accused module location technology in Microsoft’s .NET Framework.

Rembrandt Data Technologies, LP v. AOL LLC, et al.
Senior Vice President Russell Mangum provided deposition testimony on behalf of the defendant Hewlett-Packard Company. Dr. Mangum evaluated damages associated with claims of patent infringement regarding modem technologies.

Roquette Frères v. SPI Pharma, Inc., Drytec Ltd., Anhydro U.K. Ltd., and Anhydro Holding A/S
Senior Vice President Stephen Schneider prepared expert and supplemental reports, and provided deposition and trial testimony on behalf of the plaintiff regarding reasonable royalty damages related to alleged patent infringement involving the manufacture and sale of concerning the manufacture and sale of spray-dried mannitol which is used as a pharmaceutical excipient and a food additive.

SanDisk Corporation v. Phison Electronics Corp.
Senior Vice President Russell Mangum provided deposition testimony on behalf of defendant Kingston. Dr. Mangum evaluated licensing structure and market evidence as part of affirmative defenses for patent misuse related to manufacture of flash memory devices. Also evaluated claims for reasonable royalty and price erosion damages related to flash memory devices.

Sensitech, Inc. v. Time N Temperature Company
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated reasonable royalty related to alleged infringement of a patent related to electronic temperature sensors.

Slot Speaker Technologies, Inc. v. Apple, Inc.
Senior Vice President Michael Dansky prepared an expert report and provided deposition testimony for the plaintiff in a case related to speaker technologies used in smartphones. Mr. Dansky’s opinion addressed the considerations of the parties at the hypothetical negotiation, based on the benefits enabled by the asserted patents and customary industry licensing practices.

Stealth Signal Inc. v. Absolute Software Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the plaintiff/counterdefendant. Dr. Mangum evaluated claims of lost profits and estimated reasonable royalty related to alleged infringement of a patent related to computer tracking software and services.

Spine Solutions Inc. v. Medtronic Sofamor Danek, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the plaintiff. Dr. Mangum estimated reasonable royalty damages related to alleged patent infringement involving artificial vertebral disc implants.

“Technology Spin-out Company” v. “Major University”
Senior Vice President Michael Dansky testified in an arbitration hearing for the defendant relating to the interpretations of contractual provisions and monies owed under a license agreement signed with the plaintiff related to internet search technology. The arbitration panel awarded no monies to the plaintiff providing a total win for the defendant.

Telarix, Inc. v. Vero Systems, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant/counterplaintiff. Dr. Mangum estimated lost profits and reasonable royalty damages related to a claim of patent infringement, and unjust enrichment damages related to claims of tortious interference, related to optimal-call routing technology.

Visicu, Inc. v. Cerner Corporation
Senior Vice President Russell Mangum provided trial testimony on behalf of the defendant. Dr. Mangum evaluated damages associated with claims of patent infringement regarding remote medical information monitoring technology.

Xyratex Technology, LTD. v. Teradyne, Inc.
Senior Vice President Russell Mangum provided deposition testimony on behalf of the defendant. Dr. Mangum evaluated damages associated with claims of patent infringement regarding hard disc drive (HDD) testing equipment.

3Com Corporation v. D-Link Systems, Inc.
Senior Vice President Russell Mangum acted as the expert witness on behalf of the defendant. Dr. Mangum estimated reasonable royalty damages related to alleged infringement of a patent pertaining to computer network hardware.

 

Details

Office

Arlington, Irvine, Boston

Contact

Michael Dansky, Gary L. French, Bradford Kullberg, Russell W. Mangum III

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Intellectual Property

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