A CRA expert was engaged to determine and support a reasonable royalty rate for the infringement of three patents used in the isomerization of paraxylene, a chemical used in the manufacture of polyester fibers. The patents in-suit included both process and composition of matter patents. The project included an analysis of the paraxylene industry and competing manufacturing processes and catalysts. It also included the development of a comprehensive computer model of production plants to evaluate the impact on value of changing market and pricing conditions. CRA’s expert presented these analyses, and they were used to rebut the position of the plaintiff’s expert that damages should be $400 million. The judge awarded $48 million in damages plus prejudgment interest.
The comparability challenges patent damages experts face
In August, in MLC Intellectual Property LLC v. Micron Technology Inc., the US Court of Appeals for the Federal Circuit affirmed a district court’s ruling to...