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 […]
Lost Profits
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 […]
Six Managing Directors Join Ocean Tomo IP Disputes Practice
In June, J.S. Held President and CEO Jon Held announced the formation of J.S. Held Intellectual Property (IP) practice, which is a combination of the professionals from Ocean Tomo and IPFC and reports up through the firm Financial Investigations Division. The IP Practice is a core component of J.S. Held overall technical, scientific, and financial […]
Extraterritorial Application of the Defend Trade Secrets Act
Trade secrets are a valuable form of IP which need to be protected. In 2019, the FBI reported that the annual cost to the US economy of counterfeit goods, pirated software, and theft of trade secrets is between $225 and $600 billion. To further the protection of U.S. trade secrets, President Obama signed into law […]