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 […]
Ocean Tomo Intellectual Property Disputes
License Comparability Guiding Principles: Two-Pronged Approach for Technical and Economic Comparability
Introduction As part of a damages analysis, when assessing whether a license agreement is comparable for the purposes of a hypothetical negotiation for a reasonable royalty, economic and technical comparability is important to consider. In this post, we posit certain high level guiding principles, focusing on a two pronged approach of technical and economic comparability. […]
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 […]
Financial Expert Michael McGinnis Appointed Vice Chair of the Texas IP Alliance
Ocean Tomo, a part of J.S. Held, proudly announces that financial expert Michael McGinnis has been appointed Vice Chair of the Texas Intellectual Property (IP) Alliance. The Texas IP Alliance mission is based on the belief that innovation and IP protection are critical assets that drive robust economic growth and improve social well-being in Texas […]
Generative AI Technology Implications in the Intellectual Property Community
A poem about intellectual property: Intellectual property, a treasure so rare A creation of the mind, beyond compare It’s the fruit of our labor, our ideas and thoughts A source of pride and joy, that we dearly sought We pour our hearts and souls into every design And protect our works, with copyright as our […]