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.
Recent Trends in Rule 702 Decisions
In this CRA Insights, we update the Rule 702 Decision trends in last year’s Insights with 2022 data. We also provide three examples of specific challenges in...