Patent Infringement Matter Involving Internet Routing

A patentee, who never manufactured any products using its technology, alleged that certain routers and switches sold by a defendant infringed four patents involving optimization of telecommunications routing.

A patentee, who never manufactured any products using its technology, alleged that certain routers and switches sold by a defendant infringed four patents involving optimization of telecommunications routing. The defendant retained Mary Woodford, a vice president of Cornerstone Research, to address the damages claims asserted by the patentee. Ms. Woodford rebutted these claims by analyzing the defendant’s sales data that isolated sales involving the allegedly infringing software feature and quantifying the value of the accused feature given the defendant’s marketing strategies and the numerous features not alleged to infringe the patents-in-suit. She also analyzed the patentee’s history of attempts to license its patents, the defendant’s licensing history and its leading role in developing Internet networking, and other “Georgia-Pacific factors,” including a hypothetical negotiation between the parties. Ms. Woodford also reviewed the analysis and findings of the plaintiff’s damages expert and identified numerous flaws in his methods and bases for his analysis.