Judge Robinson: Result of Earlier Patent Infringement Case Relevant to Lost Profits and Reasonable Royalty Analysis
In Boston Scientific Corp. v. Cordis Corp., C.A. No. 10-315-SLR (D. Del. May 4, 2011), Judge Robinson recently stated that the result of an earlier patent infringement case involving the same parties, the same patent, and the same asserted claim "is relevant to both lost profits and a reasonable royalty analysis[.]" Id. at 1. However, Judge Robinson limited the introduction of evidence of the earlier case to a single statement, to be read at trial, that (1) the earlier case involved the same parties, patent, and asserted claim, (2) the jury found that the defendant's products infringed and that the claim was not invalid, and (3) that this finding was affirmed on appeal and therefore "the jury verdict and judicial determinations of infringement and validity are final." Id. at 1-2.