Epic Systems Corporation v. Tata Consultancy Services Limited, et al.

Thomas Britven was asked to serve in an expert witness capacity by Jenner & Block on behalf of Epic Systems Corporation (Epic) in a wide ranging intellectual property dispute involving electronic health record (EHR) software technology.  In this highly contentious litigation, Epic brought claims against Tata Consultancy Service Limited and Tata America International Corporation (dba TCS America) (collectively, TCS) including password trafficking, breach of contract, fraudulent misrepresentation, unfair competition, and misappropriation of trade secrets, among other claims.  After a finding of liability in the first phase of a bifurcated trial, Mr. Britven testified as to damages in the second phase of the trial.  More specifically, Mr. Britven testified that TCS was unjustly enriched in that TCS’ misappropriation of Epic’s trade secrets and confidential information allowed TCS to avoid approximately $200 million to $300 million in research and development costs.  TCS’ damages expert testified in rebuttal that damages should be zero based in part on TCS’ low revenue associated with its existing EHR product.

After deliberating for three hours, a jury in the U.S. District Court for the Western District of Wisconsin in Madison returned a verdict in favor of Epic that consisted of $240 million in damages and $700 million in punitive damages.  The $240 million damages award is believed to be among the top trade secret misappropriation damages awards of all time.