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.