Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
Damages Expert
Recent Rulings Suggest Damages Experts Have Discretion in Considering License Agreements Post-Dating a Hypothetical Negotiation
On January 5, 2023, in the matter of Willis Electric Co., Ltd. v. Polygroup Limited, et al., Judge Wilhelmina M. Wright of the United States District Court for the District of Minnesota denied a motion to exclude expert testimony that relied on a license agreement post-dating the hypothetical negotiation.1 In this matter, Plaintiff Willis Electric […]
Case Law on the Role of Non-Infringing Alternatives Under a Reasonable Royalty Analysis versus a Lost Profits Analysis
Consideration of non-infringing alternatives may be informative in determining financial damages associated with patent lawsuits under both a reasonable royalty analysis and a lost profits analysis. However, the following case law examples suggest that non-infringing alternatives serve a different role when considered under a royalty analysis compared to consideration under a lost profits analysis. In […]
5 Years of Defend Trade Secrets Act
Today marks five years since the passage of the Defend Trade Secrets Act, which grants parties the right to pursue trade secret claims and damages in federal courts instead of only state courts. While damages available to a plaintiff under federal law are similar to damages under state law, Ocean Tomo Managing Director and financial […]