Ocean Tomo CEO, James E. Malackowski served as economic expert in Centripetal $2.6 Billion to $3.2 Billion network security patent infringement award eclipsing previous record of Idenix $2.54 Billion verdict where Ocean Tomo co-founder Andrew W. Carter served as patent damages expert. On Monday the Honorable Henry Coke Morgan, Jr. Senior United States District Judge […]
Ocean Tomo Expert Testimony
An Example of a Plaintiff’s Damages Dilemma
An Arbitration Tribunal of the International Centre for Dispute Resolution recently rejected a counter-claimant’s request for $219 million for an alleged breach of contract due, in part, to inconsistencies within its damages claim. Nomir Medical Technologies, Inc. (“Nomir”) contracted with Selex Galileo, Inc. (“Selex”) in 2014 to have Selex develop and conduct human testing of […]
The FTC and ITC – Protecting America’s Industry
It has become more fashionable, and importantly more profitable, for a company to promote “Made in America.” After all, consumers perceptions of the Made in America mark (or similar marks) drive product preference and afford a price premium as “American Made” is perceived to offer higher quality. Research from Consumer Reports and Standard Textile indicates: […]
Virtual Trials and Remote Witnesses; Lessons from Recent Patent Trials
Given social distancing requirements and other pandemic related issues, jury trials have been largely discontinued. While most bench trials were also delayed, some courts have started holding remote, aka “virtual,” bench trials. Although not all that different from an in-person trial, virtual trials do have several defining features. Since the start of the current pandemic, […]
Supreme Court Decision in Romag Fasterners Inc. v. Fossil Inc. et al.
Thursday’s Supreme Court decision in Romag Fasterners Inc. v. Fossil Inc. et al. that willfulness should not be an “inflexible precondition” for disgorgement of defendant’s profits in trademark cases has now become one of the relatively few cases from the highest Court that speaks to monetary awards in such cases. What will – or should – […]
Ocean Tomo and the International Arbitration Center in Tokyo Announce Collaboration for COVID-19 Business Claims Resolution
Earlier today, Ocean Tomo and the International Arbitration Center in Tokyo announced a collaboration to support tailored dispute resolution and risk management services to expedite pre-emptive COVID-19 business disputes using tele-presence technology. The COVID-19 global pandemic is first and foremost a health crisis. Business interruption and resulting disputes or the need to revise contract terms […]
Significant Setback for Unified Patent Court
Last week the German Constitutional Court declared the Act of Approval to the Agreement on a Unified Patent Court is void. While not a definitive end to a European “Federal Circuit”, my sense is that is the result. Even putting aside this ruling, a similar ruling in Hungary, UK withdraw from European Union and the […]
Expert Testimony Insights on Pharmaceutical Litigation – Commercial Success Nexus
At Ocean Tomo, our pharmaceutical practice has seen substantial growth within the last few years. In addition to more traditional damage expert opinions, clients are increasingly asking Ocean Tomo experts for commercial success opinions. Here, the issue of nexus typically becomes the battleground that the commercial success war is fought over. Delving into commercial success […]