C. R. Bard, Inc. v. Medtronic, Inc.
Economic Advice in Litigation
The Situation
A Delaware jury found that Medtronic willfully infringed a patent owned by NERA's client C. R. Bard.
NERA's Role
A NERA economist testified that a royalty would of $28 per arterial blood filter would provide reasonable compensation for infringment; Medtronic maintained that a reasonable royalty would be less than one-tenth of that amount.
The Result
The jury awarded damages based on a royalty of $26 for each infringing filter sold by Medtronic. Although a final accounting of infringing sales remains to be carried out, the damages award (upheld by Judge Robinson on June 15, 1999) is likely to exceed $5 million.
