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E-Speed infringement cost TT $4.6m expert witness says

by Jim Kharouf

Trading Technologies (TT) claimed infringement damages totaling $4.6m as it concluded its side of the case second week of the patent case against E-Speed.TT claims that E-Speed and Ecco infringed on TT’s MD Trader patents over a four month period – August to December 2004. Ray Sims, TT’s expert witness on intellectual property and vice president with CRA International, told the court that he pieced together a hypothetical licensing agreement since no formal agreement between TT and E-Speed was ever created. In doing so, Sims estimated that E-Speed and Ecco executed an estimated 23m trades on their software during that period. He also estimated a 20 cent per side rate licensing fee which therefore totaled $4.6m. A plaintiff can receive up to triple that amount if it could prove that E-Speed knowingly and “egregiously” infringed on the patent. However, legal experts familiar with the case do not believe that an...

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