P&A $308 Million Analysis Accepted in Apple Case

We are pleased to announce that a jury accepted our damages analysis in a recent patent infringement case, Personalized Media Communications, LLC (PMC) v. Apple, Inc., that P&A Founder Mike Pellegrino testified in. Just three weeks before trial, Mr. Pellegrino replaced PMC’s damages expert. In preparation, the P&A team analyzed and incorporated nearly 1,000 pages of reports and deposition testimonies to issue a new supplemental report appropriate for trial.

At trial, Mr. Pellegrino provided expert witness testimony against the world’s largest company (Apple) and one of the world’s most prestigious law firms (Kirkland & Ellis), both heavily involved in patent litigation. Despite the defendant’s numerous attempts to thwart Mr. Pellegrino’s testimony and work product, P&A’s efforts survived motions to strike and exclude. The Court ruled that Mr. Pellegrino’s profit split method, as defined in Chapter 11 of Mr. Pellegrino’s BVR’s Guide to IP Valuation, was “sufficiently reasoned, reliable, relevant, and scientific.”

At P&A, we believe our objective approach, proven methods, peer-reviewed sources, and factual underpinnings are a few of the key elements that allow our work efforts to stand up in court. As such, we are honored that the jury in this case validated our analysis to the penny at $308,488,108 and ordered Apple to pay the damages via a running royalty for infringing patents related to digital rights management. To date, the jury verdict is the second highest in 2021.