Beware of risky litigation strategies

Description

Abstract: This article discusses two recent patent infringement cases involving damages strategies that backfired. In one, the plaintiff prevailed because it not only had a strong history of preinfringement sales, but also because its outside expert presented an analysis that was “based on sound economic proof confirmed by the historical record.” In the other case, the plaintiff prevailed on liability, but the defendant’s motion for summary judgment on damages was granted because the plaintiff had failed to offer expert testimony in support of its reasonable royalty calculations. Both cases highlight the need to engage qualified valuators when heading into court.