Listed below are complex litigation matters in which an Invotex professional provided expert testimony:
- NTP v. Research in Motion — An Invotex managing director provided expert witness trial and deposition testimony regarding patent infringement damages on behalf of the plaintiff, NTP, Inc. A jury in the U.S. Court for the Eastern District of Virginia found in favor of NTP’s claim that RIM’s BlackBerry wireless e-mail device infringed on the NTP patents and awarded over $23 million in damages. Judge James R. Spencer increased the damages for willfulness, prejudgment interest and attorneys fees to over $50 million. The parties relied on the managing director’s damages testimony when they settled this matter for $612.5 million in March 2006.
- LePage’s v. 3M — An Invotex managing director provided expert witness trial and deposition testimony regarding consequential antitrust damages on behalf of the plaintiff LePage’s. In this major antitrust case, the U.S. Court of Appeals for the Third Circuit upheld a $68 million jury verdict against 3M brought by LePage’s, Inc. The 7-3 en banc decision rejected 3M’s argument that it did not violate Section 2 of the Sherman Act. The Antitrust & Trade Regulation Daily reported “The credibility of experts, the court comments, ‘was for the jury to determine.’ LePage’s expert was cross-examined, and 3M presented its own expert. In the end, the jury found [the Invotex] expert to be credible.” The U.S. Supreme Court recently declined to consider any further appeal from defendants.
- U.S. Department of Justice’s Enron Task Force — Invotex professionals were engaged by the Department of Justice’s Enron Task Force to assist in the investigation and subsequent prosecution of Kenneth Lay, Jeffrey Skilling and other senior executives of Enron. Invotex’s engagement primarily focused on insider trading, money laundering and asset forfeiture, including tracing proceeds and identifying assets purchased with ill-gotten gains. During the initial investigation, our professionals identified two additional areas for investigation: an analysis of Lay’s personal security transactions and potential defenses to insider trading charges as well as a fraud we uncovered involving false statements Lay made to banks relative to the use of proceeds from lines of credit over a 13-year period. This fraud was investigated and indicted and, ultimately, Lay was found guilty on all counts. During the course of the engagement, Invotex personnel reviewed hundreds of thousands of documents, conducted numerous witness interviews and assisted in preparation for all aspects of trial.
- Direct Action Plaintiffs v. American Honda Motor Company — In this class action matter alleging unfair trade practices, our consultants were retained as damages experts to prepare analyses of lost profits and/or lost value related to vehicle allocation and other issues for a group of direct action plaintiffs, comprising approximately 50 of the largest Honda dealerships across the country. As a portion of our analyses, we assisted counsel with issues related to class certification including discovery issues, liability, and damages.
- Wrongful Termination Suit — Invotex was engaged to provide expert witness testimony on behalf of a Chief Executive Officer of one of the largest wholesale food service providers in the United States. This individual asserted wrongful termination against his employer. Invotex professionals performed a detailed economic analysis of his lost compensation and benefits.
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