Whirlpool Corp. v. Shenzhen Sanlida and Shenzhen Avoga

Brief

HKA was instructed by Brooks Kushman to provide consulting services, damages analyses, and expert witness testimony on behalf of plaintiff, Whirlpool.

What we did

We analyzed the financial and accounting records of the Defendants to determine the Defendants’ unjust enrichment. Additionally, we examined  Whirlpool’s historical records related to sales and profits of the KitchenAid stand mixer along with Whirlpool’s available manufacturing capacity to determine lost profits attributable to Defendants’ infringement.  Furthermore, we analyzed various advertisements and other evidence relating to Defendants’ promotion of the accused products, including the magnitude of online exposure, to determine corrective advertising damages.

Ryan LaMotta testified on direct examination and cross-examination regarding the Defendants’ unjust enrichment and Whirlpool’s damages.  Mr. LaMotta testified that the Defendants’ unjust enrichment was $2,045,000 and that Whirlpool’s damages were at least $11,500,000.  Additionally, Mr. LaMotta testified that the evidence in the trial record would support an even larger measure of damages.

Outcomes

The jury returned a verdict in favor of Whirlpool, adopting the damages measures and approaches presented in Mr. LaMotta’s testimony.  Specifically, the jury awarded $25,000,000 in damages and $2,045,000 in unjust enrichment,  both amounts based on the testimony provided by Mr. LaMotta. 

Ryan LaMotta, Partner, HKA, served as the Designated Expert on Economic Damages on Behalf of Whirlpool and provided Expert Witness Testimony at Trial. Matt Byford, Director, HKA, served as the Team Lead and primary person in support of the testifying expert.