On March 27, 2023 the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), a patent dispute originally filed by Amgen in late 2014. Amgen contends that Sanofi and Aventisub’s biologic, Praluent®, infringes seven U.S. patents, including U.S. Patent Nos. 8,829,165 (“the ‘165 Patent”) and 8,859,741 (“the […]
Ocean Tomo Financial Damages
Case Law on the Role of Non-Infringing Alternatives Under a Reasonable Royalty Analysis versus a Lost Profits Analysis
Consideration of non-infringing alternatives may be informative in determining financial damages associated with patent lawsuits under both a reasonable royalty analysis and a lost profits analysis. However, the following case law examples suggest that non-infringing alternatives serve a different role when considered under a royalty analysis compared to consideration under a lost profits analysis. In […]
Overview of Lost Profit Damages in IP Disputes
At its core, lost profit damages are an evaluation of the additional profit the plaintiff would have made had the defendant not committed the alleged wrongful act. Lost profit damages can take many forms including lost profits related to lost sales, price erosion, increased expenses, or injury to a company’s goodwill/reputation. Lost profit damages may […]
Shifts in US Merchandise Trade Reported by the ITC
The U.S. International Trade Commission (ITC or Commission) pursues its mission by engaging in three areas related to U.S. international trade: Adjudication; Research and analysis; and Maintaining the tariff schedule. The adjudication duties of the ITC are of particular importance to Ocean Tomo and its clients. In connection with those duties, the Commission investigates complaints […]
Defining a Royalty Base for a SEP License
The advent of the COVID-19 Pandemic has further accelerated the adoption of technology standards that support teleworking, cloud networking, and other basic services to be performed digitally. An example of such a standard is the new 5G cellular network standard that modern smartphones now utilize. Technology adoption and innovation, exemplified through technology standards such as […]
Using a Consulting Expert’s Assistance
An expert’s value in the litigation process extends beyond their own report and testimony. Consulting experts can be used by attorneys to more completely and effectively examine both fact and opposing expert witnesses. Consulting experts bring specialized knowledge and experience pertaining to a particular topic, industry or profession. Meeting with a consulting expert prior to […]
Why Patent Litigators are Central to a Wide Range of Commercial Disputes
Ocean Tomo Financial Experts Michelle J. Avery and Nicole McTernan joined Ocean Tomo Management Consulting group’s Drew Sills to author an article for IAM focused on “Why Patent Litigators are Central to a Wide Range of Commercial Disputes.” In their article, the team explores a “fundamental shift in commercial litigation, with IP strategy, policy and […]
Ocean Tomo Welcomes Brian Napper, Managing Director
With over 30 years of experience, Mr. Napper has served global clients as an intellectual property valuation, licensing, and commercialization expert skilled in the determination of financial damages. On more than 80 occasions over the past decade, he has provided deposition, trial, and arbitration testimony across a wide range of courts and tribunals on issues […]