A CRA expert was retained by an ergonomic office supply company which had asserted U.S. patents it owns regarding adjustable desktop workplace platforms against a direct competitor. Mr. Duski evaluated the economic and technological comparability of license agreements, the existence and acceptability of potential non-infringing alternatives, and the Georgia-Pacific factors to determine the appropriate reasonable royalty rate that would have resulted from a hypothetical negotiation. Mr. Duski also provided rebuttal expert testimony related to the accused infringer’s claim of lost profits damages related to its asserted counterclaims of tortious interference. He issued three expert reports and sat for deposition.
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...