The U.S. Court of Appeals for the Federal Circuit has affirmed a trial court’s admission into evidence of expert testimony regarding sales of non-infringing products that were promoted by making the infringing product available free of charge as relevant to a reasonable royalty determination. Micro Chemical, Inc. v. Lextron, Inc. Case No. 02-1155 (Jan. 24, 2003).
Micro Chemical and Lextron supply "animal health products," including drugs and equipment used to treat illnesses afflicting cattle....
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