A CRA expert provided an opinion on the reasonable royalty due to the exclusive licensee of a patent covering an injectable drug as a result of infringement by a direct competitor. CRA started from the terms of the existing license agreement covering the patent rights, and adjusted these to reflect relevant commercial considerations, including the competitive relationship between the parties, the respective levels of risk borne, and other intellectual property covered by the license.
Patent damages jury verdicts aren't always end of the story
It has been over three years since Intel Corporation was ordered by a federal jury to pay VLSI Technology LLC over $2 billion in damages. During that time, the...