The jury award in the damages phase of Novozymes v. Danisco includes $16.7 million for lost profits and $1.6 million in reasonable royalties for infringement of products for which plaintiff Novozymes did not prove lost profits.
The damages hearing came down to the jury’s filling out a form created from the jury instructions:
What profits, if any, did Novozymes lose on its sales of its Liquozyme products as a result of defendant Danisco’s infringement of the ‘723 (U.S. Patent No. 7,713,723) patent? ($8,151,000.00)
Is Novosymes entitled to recover lost profits on sales of glucoamylase as a result of Danisco’s infringement of the ‘723 patent? (Yes) What profits, if any, did Novozymes lose on its sales of its glucoamylase products as a result of Danisco’s infringement of the ‘723 patent? ($8,508,500.00)
For those infringing sales for which Novozymes has not proven its entitlement to lost profits, what amount of money is a reasonable royalty for Novozymes for Danisco’s infringement of the ‘723 patent? ($1,560,000.00)
The damages recoverable from proving lost profits can be significant, important to analysts and IP attorneys alike. Nancy Fannon and other leading experts explain and support the valuation methodologies that form the basis of successful lost profits claims in Calculating Lost Profits in IP and Patent Infringement Cases.