Senior Consultant Dr. Daniel Werner’s article “Latest Daubert Cases, Econ Studies Hold IP Damages Lessons” was recently published in Law360. Dr. Werner discusses patent citation analysis as a means of addressing apportionment in intellectual property damages cases. He covers:
- The intuition and evidence behind patent citation analysis,
- The cases in which it has been deemed acceptable (and unacceptable) under the Daubert standard, and
- A summary of some considerations for proper application of the method.