- Reasonable Royalties
RLIS, Inc. v. Cerner Corporation., et al.
Thomas Britven was asked to serve in an expert witness capacity by counsel for Cerner Corporation in a patent infringement matter involving medical software documentation technology. RLIS, the Plaintiff in this matter, sought monetary damages of $38 million in addition to ongoing royalties. Mr. Britven testified at trial that Plaintiff RLIS’ damages claim was overstated, based, in part, on previous Cerner license agreements for similar patents. Mr. Britven also highlighted that RLIS’ damages claim was out of line with the scope of the alleged infringement relative to a proper apportionment analysis and further noted that RLIS’ damages expert ignored several pieces of real-world evidence that should have been considered.
After a half day of deliberation, a jury in the U.S. District Court for the Southern District of Texas, Galveston Division, found the asserted patent claims to be invalid and favored Cerner on all counts. The team on this case included Mr. Britven, Douglas Ellis, Ryan LaMotta, and Lauren Koester.