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.
Patent Damages: Recent Trends in Daubert Decisions
In this Insights, we update the Daubert Decision trends in last year’s Insights with 2021 data.[1] Daubert Decision trends are based on our review of available...