C. R. Bard, Inc. and Davol, Inc. v. United States Surgical Corporation
Economic Advice in Litigation
The Situation
In November 2000, Bard brought a suit against U.S. Surgical for infringing on a patent relating to a method for implanting surgical mesh plugs for hernia repair.
NERA's Role
NERA was retained by the plaintiff to calculate damages to Bard's profit margins on lost sales by the infringement.
The Result
The Delaware jury concluded that the patent had been infringed and adopted without modification NERA's calculation of Bard's profit margin on lost sales and awarded lost-profit damages on 90 percent of the defendant's domestic sales. The total award was more than 50 times the amount urged by U.S. Surgical and its damages expert.
