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A firm that is (or expects to be) accused of infringing a patent typically claims the patent is invalid. One legal test for showing invalidity is to demonstrate that the patent claims are "obvious." One legal test for determining obviousness is to consider whether the patented products embodying the patented technology have been commercially successful. The logic is as follows: if the patent was obvious, then someone would already have introduced products to the market with those (or substantially similar) features, thereby causing the patented products to not be successful. Conversely, if one finds that the product is successful, and that that success flows directly from the patented features, then the invention may be presumed to not have been obvious and, therefore, to be valid. In that connection, NERA experts are often asked to evaluate the commercial success of patented products (most often, pharmaceutical products).
Name | Title | Location | Phone | |
---|---|---|---|---|
Dr. Sumanth Addanki | Managing Director | White Plains, NY | +1 914 448 4060 | sumanth.addanki@nera.com |
Dr. Christine Siegwarth Meyer |
Managing Director
Chair of NERA's Intellectual Property Practice |
White Plains, NY | +1 914 448 4119 | christine.meyer@nera.com |
Dr. Ramsey Shehadeh | Managing Director | New York City | +1 212 345 6089 | ramsey.shehadeh@nera.com |
Dr. David Blackburn | Director | Washington, DC | +1 202 466 9264 | david.blackburn@nera.com |
Bryan Ray | Associate Director | White Plains, NY | +1 914 448 4004 | bryan.ray@nera.com |
Mark L. Berenblut | Affiliated Consultant |
Toronto
New York City London |
+1 416 868 7311
+1 917 475 0020 +44 20 3769 1096 |
mark.berenblut.affiliate@nera.com |
Linda McLaughlin | Affiliated Consultant | New York City | +1 212 345 5340 | linda.mclaughlin.affiliate@nera.com |
Title | Type | Author | ||
---|---|---|---|---|
Tools of Trade—An Introduction to Trade Secret Valuation in Litigation | Published Article | Kristopher Boushie | ||
Privacy, Pricing, and the Value of Consumer Data: The Complex Nature of the CCPA’s No... | Published Article | Lawrence Wu | ||
Survey Response Bias and the ‘Privacy Paradox’ | Published Article | Sarah Butler, Dr. Garrett Glasgow, and Dr. Samantha Iyengar | ||
Latest Daubert Cases, Econ Studies Hold IP Damages Lessons | Published Article | Dr. Daniel Werner | ||
Disputed Issues in Awarding Unjust Enrichment Damages in Trade Secret Cases | Published Article | NERA Managing Director Dr. Alan Cox and David S. Almeling, Walter Bratic, Monte Cooper, and P. Anthony Sammi | ||
Unpacking the Economic Toolbox: How to Make Sense of Your Economic Expert’s Analysis | Published Article | By Sheng Li, Christine Meyer and Gabriella Monahova | ||
The Limited Role of Analytical Approach to Reasonable Royalty | Published Article | Dr. Alan Cox | ||
|
Title | Date | |||
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Trade Secret Identification and Damages | 06 May 2021 | |||
Trade Secret Valuation in Criminal Sentencing | 21 April 2021 | |||
What’s Trending in Trade Secret Litigation? | 14 April 2021 | |||
Trade Secret Roundtable on Developments and Emerging Issues | 01 April 2021 | |||
NERA Insights Webinar | Recent Trends and Future Measures in Patent Infringement Dama... | 10 February 2021 | |||
NERA Insights Webinar Series: Intellectual Property | 19 November 2020 | |||
NERA Insights Webinar | 5G and F/RAND Licensing Challenges | 19 November 2020 | |||
NERA Insights Webinar | Trends in Pharmaceutical Patents and the Potential Impact of ... | 17 November 2020 | |||
The Antitrust Case Against Google | 10 November 2020 | |||
NERA Insights Webinar | Navigating Antitrust Concerns in Biosimilar Patent Settlement... | 29 September 2020 | |||
Title | Date | Type | ||
---|---|---|---|---|
NERA Economic Consulting Announces Senior-Level Promotions | 23 February 2021 | Press Release | ||
Global Transfer Pricing Expert Joins NERA Economic Consulting | 10 September 2020 | Press Release | ||
Steadfast in Uncertain Times: How NERA Is Responding | 16 April 2020 | Press Release | ||
Ten NERA Experts Included in Who’s Who Legal Arbitration 2020 | 17 December 2019 | Press Release | ||
Valuation Expert Kristopher Boushie Rejoins NERA’s Intellectual Property Practice | 12 December 2019 | Press Release | ||
NERA Economic Consulting Announces Senior-Level Promotions | 19 March 2019 | Press Release | ||
NERA Economic Consulting Opens Office in Miami, Florida | 14 November 2017 | Press Release | ||
NERA Shares Insights on Smart Electricity Services Contracts at Paris Research Semina... | 25 January 2017 | Press Release | ||
NERA Expert Confirmed Following Daubert Hearing: Comcast Cable Communications, LLC, e... | 14 December 2016 | Press Release | ||
NERA Economic Consulting Announces Senior-Level Promotions | 13 October 2016 | Press Release | ||