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International arbitration hearing testimony concerning damages in the medical device industry

A CRA expert testified at an ICC hearing concerning the appropriate damages for the breach of an agreement involving consumer medical devices. The opposing expert presented a lost profits analysis based on the agreement’s minimum purchase requirements. In response, a CRA expert demonstrated that the claimant would have experienced increased costs and the arbitration tribunal accepted the CRA expert’s lower damages estimate. The opposing expert also presented a damage analysis for the alleged infringement of certain trademarks. The CRA expert’s rebuttal testimony demonstrated that the opposing expert’s analysis lacked support and overlapped with the breach of contract damages. The tribunal found that infringement damages did overlap and that infringement related damages had not been established.

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