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Castle Defense

The battle over expert testimony on patent damages harkens back to the middle ages when would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics. As plaintiffs have introduced expert testimony based on novel patent damages theories, defendants have asked courts to fulfill their gatekeeping role by preventing certain types of expert testimony from reaching the jury.

9 minute read February 28, 2015 at 11:00 PM
By
Rudy Kim And Michelle Yang
Castle Defense

The battle over expert testimony on patent damages harkens back to medieval warfare. During that period, as would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics.

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