United States District Court for the District of Delaware Civil Action No. 03-508 (JJF)
Trial and Deposition Testimony | Technology: Improvements to Router Technology | Case Issues: Patent Infringement, Reasonable Royalty
Lucent alleged infringement on virtually all of Extreme Networks’ sales and determined a royalty of 1% for each of the 5 patents allegedly infringed for a total of 5%. Ocean Tomo conducted a thorough analysis of all Extreme Networks’ sales channels an, with additional technical analysis of the actual use and set-up of the alleged improvements, reduced the royalty base by 20 fold. Ocean Tomo further opined a royalty rate that included stacking considerations. The jury found in favor of Ocean Tomo’s damages opinion and the parties settled soon thereafter.