In honor of retired Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, who died in December 2023, this article examines women’s representation in the legal industry and in patent law. While an increasing number of women earn law degrees, women continue to be underrepresented as practicing attorneys and in […]
Sherry Zhang
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 […]
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 […]