Multi-channel lost profits analysis in building materials industry

CRA was retained by the market leader in a segment of the building materials industry to determine damages due to alleged patent infringement by the second largest player in this multi-supplier market. CRA analyzed commercial success and developed complex lost profits models to address different product segments, multiple distribution channels, and regional supply/demand variations in this highly cyclical, capital-intensive industry. CRA’s lost profits models included a region-by-region market share/pricing analysis and a plant-by-plant analysis of capacity and incremental costs. CRA also determined a reasonable royalty based on multiple factors, including apportionment of the economic benefits of the asserted patents, comparable licenses, and the Georgia-Pacific factors.

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