Andrx Therapeutics, Inc. v. Mallinckrodt, Inc.
Berger Singerman (Fort Lauderdale) retained Hampton IP & Economic Consultants,
on behalf of the plaintiff, with regard to Case No. 0:06-CV-60210 in the
United States District Court for the Southern District of Florida, to
evaluate economic damages arising from the alleged breach of contract
involving generic and branded sales of the pain relief medication hydrocodone
bitartrate with acetaminophen.
We submitted a Rule 26 expert report and provided deposition testimony.
eMove Inc. v. SMD Software Inc., et al.
Settled prior to issuing a Rule 26 expert report
Kercsmar & Feltus PLLC engaged Hampton IP & Economic Consultants
on behalf of eMove to provide an opinion of damages arising from Defendants’
alleged business defamation, tortious interference with business relationships,
interference with valid business expectancy, violation of the Lanham Act,
and common law unfair competition.
eMove, a subsidiary of U-Haul International, is an online marketplace for
moving and self-storage products. Defendants produce and sell a software
program used by self-storage facilities called SiteLink. eMove alleged
that defendants routinely market the SMD Software and Sitelink by falsely
representing the functionality, usability, qualities, and characteristics
of the eMove Software as well as other eMove products and services.
Mr. Hampton provided analysis of damages.
Felix Alba, et al. v. Malvern Instruments Ltd.
Snell & Wilmer (Salt Lake City) retained our consultants, on behalf
of the respondent, with regard to Case No. AAA 50 133 T 00018 05, to determine
damages related to the alleged breach of a technology transfer agreement
regarding acoustical spectroscopy instruments.
We provided lost royalty damage analyses, submitted a Rule 26 expert report,
and provided testimony in deposition and at arbitration.
Flou S.P.A. v. Rid-Gid Products, Inc.
The case settled favorably for Flou before trial
Ropers Majeski Kohn & Bentley, PC, (Los Angeles) retained Hampton IP
& Economic Consultants, on behalf of the defendant, with regard to
Case No. 2:01-CV-05214 in the United States District Court for the Central
District of California, to provide expert testimony regarding damages
arising from the alleged disruption and interference of prospective economic
relations with customers.
We identified economic factors contributing to alleged business loss, calculated
damages, submitted a declaration, and provided a Rule 26 expert report
MGA Entertainment, Inc. v. Ubisoft Entertainment, S.A.
The case settled favorably for Ubisoft.
Greenberg Glusker, LLP, (Los Angeles) retained Hampton IP & Economic
Consultants, on behalf of the respondent, with regard to Case No. AAA
50 T 133 00467, to provide an opinion of damages arising from the alleged
breach of a license agreement. The defendant agreed to create and market
a video game based on the popular Bratz dolls, but had to delay sales
due to the alleged breach of contract.
We calculated the Defendant's lost profit damages in the North American
and European markets and submitted a Rule 26 expert report. In addition,
we provided deposition testimony and testified at arbitration.
VF Imagewear, Inc., et al. v. Franco Apparel Group, Inc.
Settled before a rule 26 report was submitted
Franco Apparel Group, located in New York, New York, engaged Hampton IP
& Economic Consultants to provide an opinion of damages arising from
VF Imagewear, Inc. and Imagewear Apparel Corp.’s breach of contract,
breach of contract-option, detrimental reliance on Option, fraud, interference
will sell off, and breach of covenant of good faith and fair dealing.
Since 1988, Franco Apparel had been in the business of selling MLB apparel
as a sub-licensee of Major League Baseball, under master licensor Imagewear,
which owned the Majestic Trademark. Franco Apparel sold products across
the country through retailers such as Target, K-Mart, Walmart, J.C. Penney,
Sears, Kohls, and Sports Authority.
VF Imagewear is a publicly traded apparel company that owns many brands
including Red Kap, Chef Designs, Bulwark, Horace Small, Lee, and Wrangler
Hero. VF acquired Majestic.
Franco Apparel alleged that VF Imagewear and Imagewear Apparel breached
its contract with Franco dealing with the MLB license.
Mr. Hampton provided assistance with discovery and analysis of various
lost profit damage scenarios.
Atlas Steel v. Herm Hughes
Our consultants provided deposition testimony.
Atlas Steel, Inc. and the law firm of Callister Nebeker & McCullough
retained Hampton IP & Economic Consultants, with regard to Case No.
98-0913228 in the Third Judicial District Court of Utah, to calculate
lost profit damages arising from design and construction flaws of a multi-million
dollar steel shredder.
We performed an analysis of the scrap steel industry and impacts caused
by the failure of the shredding system.
Our analysis considered price and availability of scrap steel, throughput,
and inventory levels.
Cequent Performance Products, Inc. f/k/a Cequent Towing Products, Inc. v. Let’s Go Aero, Inc.
The case settled.
Silver & DeBoskey (Denver) retained Hampton IP professionals, on behalf
of the defendant, with regard to Case No. 10-cv-02921 in the United States
District Court for the District of Colorado, to provide an opinion of
damages arising from the alleged breach of contract related to a license
agreement. The plaintiff claimed the defendant failed to continue to maintain
patents and applications related to trailer accessories.
Hampton IP professionals provided an opinion of damages and calculated
a reasonable royalty rate.
Edizone, LLC v. Merck & Co., et al.
Edizone engaged Hampton IP & Economic Consultants to provide an opinion
of damages arising from Defendants’ breach of contract and other
As the assignee of over 35 patents covering more than 13 different technologies,
Edizone operates in the field of innovation. These technologies include
Intelli-Gel, Ortho-Gel, Multi-Cell, Gelastic and DuraGel, Flavor Tape,
E-Gel, Photographic Quality Images in Plastic, and Floam/Z-Flo.
Merck & Co. is the second largest healthcare company in the world.
Edizone alleged Merck & Co. breached its license agreement with Edizone
by failing to properly mark products incorporating Edizone’s patented
Mr. Hampton provided analysis of damages