When a patent lawsuit threatens a thriving business

A global maker of mobile devices faced a patent-infringement lawsuit seeking hundreds of millions of dollars in damages. The plaintiff claimed that the manufacturer, along with several other defendants, had improperly used proprietary digital rights management technologies in its mobile devices. A judgment against the mobile-device maker would be a painful financial blow, denting its reputation for product innovation—to say nothing of jeopardizing its entire business model. The company engaged AlixPartners to help prepare itself for a civil trial and to testify on its behalf.

A fact-based defense minimizes legal risk

We dispatched a team of expert damages analysts and witnesses to work alongside the company’s lawyers and prepare a robust defense against the patent claims. Preparations included a thorough analysis and critique of the plaintiff’s case, an investigation of alternatives to the plaintiff’s proprietary technologies, and an analysis of the plaintiff’s licensing agreements involving the disputed patents, as well as our client’s license agreements that involved comparable technologies. After closely examining the licensing practices of both our client and the plaintiff, our team took stock of each side’s bargaining power and developed an alternative estimate of the damages due if the plaintiff prevailed in court. When the case came to trial, we took the stand to testify on the damages findings.

When it really matters

Our research and analysis paid off when the court found our client not liable for any damages. Our client preserved its business model and was spared what could have been considerable damage to its finances and reputation.