1Overview
Ms. Raffalovich provided economic damages analysis on behalf of PeakLogic, Inc. in a patent infringement action involving transcranial magnetic stimulation, or TMS, technology. TMS is a non-invasive treatment that uses magnetic fields to stimulate nerve cells in the brain and is used to treat brain-related conditions such as major depressive disorder and obsessive-compulsive disorder. Wave Neuroscience, Inc. alleged that PeakLogic’s TMS technology infringed its patents and harmed sales of Wave Neuroscience’s competing TMS technology. The matter proceeded in the U.S. District Court for the Southern District of California.
2The Challenge
Evaluating lost profits and reasonable royalties for competing TMS technologies
Ms. Raffalovich evaluated Wave Neuroscience’s claimed lost profits damages. Her work included evaluation of the relevant market, the competitive relationship between the parties, the availability and characteristics of other TMS technologies, pricing dynamics, and product-substitution patterns at the customer level.
Ms. Raffalovich also evaluated Wave Neuroscience’s claimed reasonable royalty damages. Her work included consideration of the hypothetical negotiation, patent purchase and license agreements, and the economic value attributable to the asserted technology.
3The Outcome
Rebuttal analysis of patent damages supports settlement in medical-technology dispute
Ms. Raffalovich provided rebuttal opinions on lost profits damages and reasonable royalty damages. The matter settled shortly thereafter.
The engagement demonstrates our team’s ability to evaluate patent damages in a specialized medical-technology market using evidence concerning competition, pricing, customer-level substitution, and the economic contribution of the patented technology.
Case Experts
