A CRA expert testified at trial regarding the amount of reasonable royalties due to a spine surgeon as a result of the infringement of his patents by a major medical device company. The expert relied on a survey of surgeons to determine how frequently they performed the patented technique using the defendant’s surgical instruments. She evaluated the economic and technological comparability of a license agreements, the feasibility of non-infringing alternatives, and the Georgia-Pacific factors to determine the appropriate reasonable royalty rate. The jury awarded an 8-figure damages award based on the CRA expert’s testimony. The verdict was upheld on appeal.
CRA Sessions | Readily ascertainable? AI’s role in redefining trade secrets
Intellectual property expert and host David Duski (CRA) joins Brian Nolan (Mayer Brown), to explore the evolving intersection of AI and trade secret law.