DSS Inc (DSS)

[postyle]

read page 7 of today's court order

Plaintiff argues that it is entitled to damages consisting of “lost profits.” Plaintiff further argues that such lost profits consist solely of an amount of money that Defendant should have paid to Plaintiff as a reasonably royalty for the use of the Block-Out technology. As already mentioned, 9 the parties never actually negotiated any type of royalty. Nevertheless, Plaintiff contends that such lost-profit-royalty damages amount to approximately $6.7 million. Plaintiff maintains that it arrives at this figure by extrapolating from what other clients were willing to pay to license similar technology. However, Plaintiff has licensed its security technology to only a small handful of clients. More specifically, Plaintiff has only licensed Block-Out to five clients.11 Furthermore, of those, Plaintiff’s own expert contends that only two clients are proper comparators for determining what a reasonable royalty would have been for Defendant: Arc Worldwide (“ARC”) and RR Donnelley and Sons (“RRD”). Of those two, Plaintiff contends that its license agreement with Arc “was very comparable to what a license with Coupons.com would have looked like.”