Lost profits, reasonable royalty damages analysis for respiratory-related medical devices

CRA’s Intellectual Property experts were retained by a multinational developer and manufacturer of respiratory-related medical devices to determine economic damages in a patent infringement matter against a direct competitor. Our team developed lost profits and reasonable royalty damages models which accounted for a complex matrix of asserted patents and accused products. In determining lost profits, our team addressed demand for the patented features, market share and segmentation, and price elasticity of demand.  Our team also addressed the heightened importance of the patent-practicing respiratory care medical devices amidst the global Covid-19 pandemic, including its impact on the supply chain and manufacturing capacity. CRA’s experts provided a detailed expert report and deposition testimony, and CRA’s client secured a favorable settlement just before trial.