Proves

Wilmington, Delaware – In a recent ruling, the District of Delaware clarified the evidence required to establish a lack of non-infringing alternatives in a two-player market. The case involved two competitors in the outdoor decking products industry, both selling bamboo decking products. The defendants had been found guilty of patent infringement, and they challenged the damages award of $1.5 million, claiming that the plaintiffs had failed to prove lost profits. The defendants argued that the plaintiffs had not provided customer-specific evidence to establish the absence of non-infringing alternatives. However, the district court rejected this argument, … Read more