Global consulting firm J.S. Held proudly announces that eight experts from Ocean Tomo, a part of J.S. Held, have been recognized in the IAM Patent 1000: the “definitive ‘go-to’ resource for those seeking to identify world-class, private practice patent expertise and leading expert witnesses.” IAM reports, “Ocean Tomo, a part of J.S. Held, is ‘a […]
Ocean Tomo Intellectual Property Disputes
Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections
Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United States District Court for the Eastern District of Texas, Marshall Division, issued an order in Smart Path Connections, LLC, v. Nokia of […]
Intellectual Property Experts Recognized Among World’s Leading Patent Professionals
Seven Ocean Tomo, a part of J.S. Held, intellectual property (IP) damages and business licensing practice experts were named to the IAM Patent 1000, the “definitive ‘go-to’ resource for those seeking to identify world-class, private practice patent expertise and leading expert witnesses.” IAM reports, “Ocean Tomo, a part of J.S. Held, is ‘a recognised leader in […]
A Better Approach to Collaboration Between Technical and Financial Experts in Intellectual Property Litigation
Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
Recent Rulings Suggest Damages Experts Have Discretion in Considering License Agreements Post-Dating a Hypothetical Negotiation
On January 5, 2023, in the matter of Willis Electric Co., Ltd. v. Polygroup Limited, et al., Judge Wilhelmina M. Wright of the United States District Court for the District of Minnesota denied a motion to exclude expert testimony that relied on a license agreement post-dating the hypothetical negotiation.1 In this matter, Plaintiff Willis Electric […]
The U.S. Supreme Court Hears Oral Argument Concerning the Standard for Enablement
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 […]
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 […]
Calculating Patent Damages: Key Developments and Notable Cases Explored
Joanne Johnson, Senior Director at Ocean Tomo, a part of J.S. Held, will speak on the latest trends and notable court rulings impacting patent financial damages calculation. The presentation is focused on case law setting forth useful guidance and accepted methodologies to avoid pitfalls when opining to patent damages. In recent years, the United States […]