August 15, 2016

Article by Brattle Economists Provides Guide to Patent Damages Discovery

Brattle Principals Kevin Neels and Pallavi Seth, along with Jeffrey C. Metzcar, partner at Thompson Hine, recently wrote an article published in Law360 discussing the types of information attorneys and economic experts find valuable in patent infringement litigation.

In the article, the authors provide a guide, or “wish list,” of discovery items that they suggest is likely to prove useful in the calculation of damages in a patent infringement case. The guide consists of eight types of data or documents, including: sales data, cost data, pricing documents, information on product distribution, licenses, business plans, marketing materials, and market research reports.

According to the authors, these items give attorneys and economic experts a starting point for any serious assessment of the economic injury caused by alleged infringement. The information can also help track and measure changes in prices and quantities; reveal how costs are assigned to products; and provide insight into the competitive structure of the market and company’s incremental selling costs.

Finally, the authors note that although the specifics of each patent damages case may differ, the set of documents listed in the guide will generally provide both parties with the materials they need to map out their damages case and develop their case strategy.

The article, “A Quick Guide to Patent Damages Discovery,” is available for download below.

Associated Experts
Neels 241
Dr. Neels has more than 30 years of research and consulting experience in all aspects of the transportation sector. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4
Seth 083
Dr. Seth specializes in intellectual property and economic policy. She has testified on a range of economic issues and has assisted leading technology companies in more than two dozen intellectual property investigations at the ITC. She is experienced in applying the tools of economic analysis to policy questions and has performed policy analyses across various industries for trade associations and government agencies. More icon f02782c24cccaf6d90e1da53920c42f20e5a8955f54ac2ca5727ec7dc89987b4