Retailer-specific lost profits and commercial success analyses for food and beverage patents

Counsel for plaintiffs retained CRA to determine damages due to alleged infringement by a contract manufacturer of patents covering beverage compositions and packaging. A team of CRA consultants analyzed comprehensive sales data for each accused SKU sold at each major retailer, including market share and price elasticity of demand at each retailer, to quantify lost unit sales and the prices at which those sales would have been made by the patent owner. CRA’s experts conducted analyses of incremental costs and available capacity to quantify lost profits. The CRA team analyzed the Georgia-Pacific factors to opine on a reasonable royalty for units not subject to lost profits.  As part of successfully defending the asserted patents during an Inter Partes Review at the PTAB, CRA’s consultants analyzed accounting and business information, and provided testimony on commercial success and nexus to the asserted patent claims.