Brattle Experts Explore How Prior Art Products Can Be Used in Patent Litigation

In an article published in les Nouvelles, the journal of the Licensing Executives Society International (LESI), Brattle Senior Associates Animesh Giri and Jonathan Lee, along with their collaborating coauthors Karen Gover and Marie McKiernan of Wolf, Greenfield, & Sacks, P.C., examine how products that practice a patent’s prior art can serve as concrete, market-based benchmarks for lost profits analyses in patent litigation.

The article, “One Rung Up the Ladder: How Products That Practice Prior Art Can Inform Lost Profit Calculations,” explains how such products can considerably improve the economic foundation of lost profits analyses.

In four sections, the authors:

• Explain how prior art products can be used by economic experts as comparators in lost profits analyses
• Illustrate how prior art products can enhance existing tools used by economic experts, particularly in patent infringement cases
• Examine the underlying economic and competitive dynamics of lost profit analyses
• Discuss the implications of prior art products on litigation strategies for both plaintiffs and defendants

The full article is available below.

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