A CRA expert was retained by an ergonomic office supply company which had asserted U.S. patents it owns regarding adjustable desktop workplace platforms against a direct competitor. Mr. Duski evaluated the economic and technological comparability of license agreements, the existence and acceptability of potential non-infringing alternatives, and the Georgia-Pacific factors to determine the appropriate reasonable royalty rate that would have resulted from a hypothetical negotiation. Mr. Duski also provided rebuttal expert testimony related to the accused infringer’s claim of lost profits damages related to its asserted counterclaims of tortious interference. He issued three expert reports and sat for deposition.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...