FSG Managing Director, Jeff Andrien, acting as damages expert, along with FSG Principal, Prateek Shah, and other FSG consulting staff, examined issues related to causation and determined damages on behalf of defendant Sturm Foods in the case Keurig v. Sturm Foods. Sturm Foods was accused of trademark and trade dress infringement, as well as false advertising related to the sales and marketing of single-serve coffee cartridges for use with Keurig brewers. Mr. Andrien issued two reports in which he:
- Quantified costs related to the manufacturing and sale of single serve beverage cups;
- Determined deficiencies in the reports of the opposing experts with regard to causation;
- Opined that lost profits were not an appropriate measure of damages given the facts and circumstances of the case;
- Determined reasonable royalties;
- Determined costs related to corrective advertising; and
- Quantified the amount of Sturm’s unjust enrichment.
FSG’s work resulted in a favorable settlement for Sturm Foods.