CRA’s Chris Bakewell was engaged as an economic damages and licensing expert on behalf of Cloudflare in a Texas district court. Bakewell contributed to the successful defense by helping demonstrate that the plaintiff’s “licensing program” was not legitimate, and that its outdated patents were irrelevant to Cloudflare’s modern infrastructure. The jury sided with Cloudflare, declaring no infringement and invalidating the plaintiff’s asserted patents. Ultimately, the situation reversed: the plaintiff ended up paying Cloudflare and donating its entire patent portfolio to the public.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...