Trial testimony on early-stage technology licensing

A CRA expert testified on the appropriate amount of a reasonable royalty to compensate for the US Department of Energy’s infringement of a pre-commercial, patented technology with the potential to generate significant energy savings in a broad range of materials processing applications. The CRA team analyzed economic considerations, comparable licenses, and the Georgia-Pacific factors to determine the proper structure and amount of a license in a hypothetical negotiation. The court rejected the plaintiff’s reasonable royalty claim and adopted the CRA expert’s conclusion regarding the likely outcome of a hypothetical license negotiation involving high risk, high potential, early-stage technology.