Commercial success analysis and testimony

CRA was retained by the petitioner in four related inter partes review proceedings at the US Patent and Trademark Office to assess whether there was evidence of commercial success for certain medical procedure kits.  CRA provided an expert declaration in each proceeding based on a detailed analysis of the financial and marketing documents produced by the patent owner.

CRA’s analyses demonstrated that the patent owner’s commercial success expert omitted certain competing products and relevant time periods in assessing the commercial success of the patented products in the market.  CRA also demonstrated that patent owner’s commercial success expert failed to establish a nexus to the asserted patents.

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