Patent Damages

Attempted sales price of patent-in-suit relevant to reasonable royalties

On June 18, 2012, the District of Idaho in Hoyt A. Fleming v. Escort Inc., 109-cv-00105 (IDD) (D. Idaho June 18, 2012), the court addressed the relevance of a prior attempted sale of the patent-in-suit.  The plaintiff, Fleming, had previously entered into negotiations with Mr. Coverstone to purchase the patent-in-suit—Coverstone was represented by an attorney named Dowler in the deal.  No money changes hands, and both sides felt duped.  Fleming thought Coverstone had offered $1 million, but then breached the agreement by failing to pay.  Coverstone had responded that he the right to pull out because Fleming had overstated the legal strength of his patent.  Both sides filed lawsuits over the deal claiming breach.  Coverstone also sued Dowler.