CRA’s Market Research Center of Excellence was retained by an incumbent manufacturer to determine which attributes affected demand and the relative importance of those attributes for a consumer health product facing entry from products that were alleged to infringe the manufacturer’s patents. Consumer-level market research results were then considered by CRA’s damages expert in an assessment of potential patent infringement damages.
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...