Due to the various developments surrounding IP law, the determination of damages in a patent litigation dispute has become more complicated.
The deposition of an expert witness has become one of the most crucial ingredient in the determination of trial success. The testimony not only allows court to make a calculation of infringement damages but also provides valuable economic information that are relevant to the case. However, due to their vital role in a patent dispute, expert witnesses are faced with legal and reputational damages that often cause far-reaching implications as to how they act out their role. Kim Schenk is a panelist on this topic.
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The comparability challenges patent damages experts face
In August, in MLC Intellectual Property LLC v. Micron Technology Inc., the US Court of Appeals for the Federal Circuit affirmed a district court’s ruling to...