Epic Systems Corporation v. Tata Consultancy Services Limited, et al.

Brief

This case involved a wide-ranging intellectual property dispute concerning electronic health record (EHR) software technology. In this highly contentious litigation, Epic Systems Corporation brought claims against Tata Consultancy Services Limited and Tata American International Corporation (d/b/a TCS America) (collectively, “TCS”), including misappropriation of trade secrets, fraudulent misrepresentation, breach of contract, unfair competition, and password trafficking, among other claims.

Jenner & Block asked Thomas Britven to serve as an expert witness on behalf of Epic. Douglas Ellis, Ryan LaMotta, and Brandon Lloyd were additional key members of Mr. Britven’s team.

What we did

After a finding of liability in the first phase of a bifurcated trial, Mr. Britven testified as to damages in the second phase of the trial. Mr. Britven testified that TCS was unjustly enriched in that its misappropriation of Epic’s trade secrets and confidential information allowed it to avoid US$200 million to US$300 million in research and development costs.

Outcomes

The opposition’s damages expert testified in rebuttal that damages should be zero, based partly upon the low revenue TCS associated with its existing EHR product. After deliberating for three hours, the jury in the U.S. District Court for the Western District of Wisconsin in Madison returned a US$940 million verdict in favor of Epic that consisted of US$240 million in damages and US$700 million in punitive damages.