Case: Patents/Expert Testimony (D. Del.)

Feb. 9, 2024, 2:28 PM UTC

A federal district court in Delaware granted Caterpillar Inc.’s motion to exclude Wirtgen America Inc.’s damages expert testimony because the expert failed to properly apportion damages when calculating a reasonable royalty. The court said that Wirtgen’s expert premised her reasonable royalty calculation on the lost profits associated with the sale of entire machines, including the nonpatented elements of the machines, so her testimony was inadmissible.

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