In a patent litigation among medical device manufacturers, CRA was asked to assess damages suffered by plaintiff for alleged infringement of patents on bone compression plates. CRA examined lost profit and reasonable royalty damages, finding that a royalty would have been capped at the cost of implementing a viable non-infringing alternative. CRA provided an expert report and deposition testimony.
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...