Vulcan Engineering Co., Inc. v. Fata Aluminium et al
Economic Advice in Litigation
The Situation
Judge Avern Cohn of the United States District Court, Eastern District of Michigan, awarded Vulcan Engineering a lost-profits damages award caused by Fata's infringment of a patent related to "lost foam" casting systems used to manufacture automobile engine components.
NERA's Role
NERA calculated a $2.2 million damage assessment on behalf of Vulcan Engineering. In addition, NERA recommended a price-erosion award.
The Result
Judge Cohn did not award the price-erosion damages Vulcan sought but otherwise adopted NERA's calculation of lost profits on the infringing sale, change orders and follow-on sales.
