Price erosion theory supports patent infringement award

Description

Abstract: Calculating patent infringement damages for lost profits or reasonable royalties is almost always complicated, especially when it involves the theory of price erosion. Although price erosion can be difficult to establish, it can lead to significant damages awards — as the defendants learned the hard way in a case involving high-efficiency power converter systems. This article explains why the appeals court concluded that there was sufficient evidence for the jury to have accepted the plaintiff’s pricing estimate.