Selected Testimony

Roy J. Epstein Trial Testimony (Selected)

Trade Secrets Misappropriation
Federal bankruptcy judge awarded less than 2% of damages claimed by Masimo, a medical device manufacturer, for misappropriation of trade secrets by Sotera Wireless, 2017.  Dr. Epstein testified at trial as damages expert for defendant Sotera Wireless.

Patent Damages
Jury in Federal Court in Boston awarded 13.5% reasonable royalty in patent infringement case involving marine generators, 2013.  Dr. Epstein testified at trial as damages expert for plaintiff WBIP, LLC (“Westerbeke”).

Juries in multiple trials in Federal Court in Philadelphia found no antitrust liability and no damages in an alleged Sherman Act Section I conspiracy, 2006 and 2009.  Dr. Epstein testified at trial on market definition, market power, and damages for defendant Mack Trucks.

Copyright Royalties
Copyright Tribunal of Australia set music royalty rates for radio simulcasting far below the levels sought by PPCA (Phonographic Performance Company of Australia).  Roy Epstein testified at hearings in 2015 and 2016 on behalf of CRA (Commercial Radio Australia) as to an appropriate royalty.

Dr. Epstein has additional trial experience in Federal Court and AAA arbitrations and before the Copyright Arbitration Royalty Panel.  He has been deposed numerous times as a damages expert.

Other Representative Damages Cases

False advertising (Lanham Act) claims, cartel price fixing allegations, disputes between brand name and generic pharmaceutical manufacturers, copyright infringement damages, theft of trade secrets, and damages from alleged breaches of contract in a wide variety of industries and contexts.

Daubert Challenges

Motions to exclude expert damages testimony have become important features of the litigation landscape.  Dr. Epstein is highly experienced in assisting lawyers with effective Daubert motions.  On three occasions courts have completely excluded the opinions of the opposing damages expert while Dr. Epstein’s opinions have never been excluded.  For example, an order by Judge Patti Saris cited Roy Epstein’s analysis when striking the plaintiff expert’s use of purportedly comparable agreements in a copyright infringement case.  Judge Saris awarded a remittitur of $4,200 in place of the jury award of $1,370,590.

Partial List of Law Firm Clients

Arent Fox
Axinn, Veltrop & Harkrider
Cooley LLP
Davis Wright Tremaine
Gesmer Updegrove
Greenberg Traurig
Kasowitz Benson Torres & Friedman
K&L Gates
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Pepper Hamilton
Pollock Solomon & Duffy
Prince Lobel Tye
Robins, Kaplan, Miller & Ciresi
Schiff Hardin
Whiteman Osterman & Hanna

Specific attorney references gladly furnished upon request.