The Infotech Consulting team, led by Expert Economist Dr. Rob Kneuper, provided econometric analysis and expert testimony (both at deposition and trial) to assess the damage claims brought against Blue Ox, one of the largest towing systems companies in the United States. Danko Manufacturing sued Blue Ox (and related corporate entities) in the U.S District Court for the District of Nebraska, claiming patent infringement relating to the braking systems used for vehicles being towed by an RV.
In particular, Danko alleged that Blue Ox’s Patriot 3 infringed the “Brake Lock Detection System for Towed Vehicles,” also known as Patent ‘870. Blue Ox counterclaimed and argued that the Patent was unenforceable and invalid to be infringed. Danko presented expert testimony claiming damages relating to lost sales from the alleged patent infringement of approximately $5.7 million.
Dr. Kneuper and the Infotech Consulting team evaluated the damages methodology and calculations made by Danko’s expert and identified numerous deficiencies in his analysis. Dr. Kneuper’s evaluation revealed the damage analysis by Danko’s expert was “fundamentally flawed” and had “no factual support.” The case went to trial in the fall of 2021, and Judge Brian C. Buescher ultimately ruled in favor of Blue Ox, citing favorably to Dr. Kneuper’s trial testimony, and ultimately finding no proof of both infringement and damages. The case was subsequently settled.
In reflecting on his work on the Blue Ox case, Dr. Kneuper stated, “It’s deeply satisfying to not only have achieved the right result at trial, but it was a great experience for me personally to work with the fine attorneys at Carlton Fields and McGrath North, as well as the awesome Infotech Consulting trial support team!”