AdvaMed Asks U.S. Court of Appeals to Support a Fair and Balanced Approach to Patent Damages
AdvaMed, the Medtech Association, asked the United States Court of Appeals to support a fair and balanced approach to patent damages.
This case presents the Court with a critical opportunity, sitting en banc, to clarify and rationalize the law of reliable expert testimony for the benefit of all future patent litigation in this country. While the dispute before the Court involves two parties in the “high-tech” industry, the Court’s decision will reach every aspect of district-court patent litigation in cases involving parties in every technological sector.
AdvaMed, representing the world’s largest medical-device manufacturers, which are both plaintiff and defendant in patent-infringement litigation with some regularity, offered their perspective to aid the Court in reaching a conclusion that is sound and workable, consistent with Supreme Court precedent and the Federal Rules of Evidence, and most likely to carry out the Court’s congressionally mandated charge to spur the growth of technology and innovation.
“Daubert’s screening — or gatekeeping — obligations require district courts to police whether experts’ conclusions are reliable, including determining that the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case,” said Pat Fogarty, Deputy General Counsel & Senior VP of Legal at AdvaMed. “Given the great financial incentive parties have to exploit the inherent imprecision in patent valuation, this gatekeeping duty is of particular importance in the context of expert testimony on patent damages.”
Read a copy of the AdvaMed amicus brief. Gregory A. Castanias of Jones Day served as Counsel of Record on behalf of AdvaMed.
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