Is a $22.5 Million Patent Award Reasonable When Plaintiff Sold for Only $4 Million?

Business Valuation UpdateVol. 17 No. 9
Legal and Court Case Update
September 2011
3841 Surgical and Medical Instruments and Apparatus
339112 Surgical and Medical Instrument Manufacturing
intellectual property

Spectralytics, Inc. v. Cordis Corp. (II)
2011 WL 2307402 (C.A. Fed. (Mass.))
June 13, 2011
US
Federal Court
Federal Circuit
United States Court of Appeals
Julie Davis
Newman

Summary

Federal Circuit court affirms 5% royalty rate damages for infringement of patented medical device, based on expert evidence that showed a 20% rate would have been reasonable in light of economic and competitive circumstances.

See Also

Spectralytics, Inc. v. Cordis Corp. (II)

Federal Circuit court affirms 5% royalty rate damages for infringement of patented medical device, based on expert evidence that showed a 20% rate would have been reasonable in light of economic and competitive circumstances.