In this matter, plaintiff had secured a patent on a supplement related to joint health, while the defendant was a supplement manufacturer. Plaintiff had accused one of the defendants’ products of infringing its patent and sought damages in the form of reasonable royalties.
D. Scott Bosworth served as a testifying expert in this matter, opined on a reasonable royalty rate, and quantified total damages. As part of his analysis, Mr. Bosworth relied on documents produced by the parties to address the Georgia-Pacific factors, including existing license rates, product profitability, potential for convoyed sales, and substitute technologies.
At trial, Mr. Bosworth offered testimony about the appropriate reasonable royalty rate, addressed rebuttal points raised by opposing witnesses, and quantified total damages. Following arguments, a jury awarded Imagenetix reasonable royalty damages consistent with the opinion offered by Mr. Bosworth.