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Independent Third-Party US Sales Numbers Deemed Unassailable at Recent Trial

September 24, 2023

The Eastern District of Texas jury that recently returned a roughly $37.5M verdict against TP-Link in favor of Atlas Global Technologies LLC received into evidence US sales data that the plaintiff, not the defendant, produced. That data originated with independent third-party International Data Corporation (IDC) and was deemed unassailable at trial as the sales data for the jury to use as an “appropriate remedy” for the prejudice imposed on Atlas Global for the failure to timely receive actual US sales data for the accused products. TP Link protested that reliance on the IDC data could hike any lump sum damages award against it by as much as $18.5M and characterized the use of that data as clear error, suggesting a basis for a future appeal.


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