On the eve of an impending trial, a Delaware judge rejected a damages testimony put forward by machinery manufacturer, Wirtgen. This case forms part of a larger litigation against Caterpillar, a key competitor, over a dispute surrounding patents for road-milling machines.
The testimony, presented by an expert on behalf of Wirtgen, was found to be flawed as it wrongly assumed that Wirtgen would be a reluctant licensor. The invalidation of such evidence has marked a critical juncture in the lawsuit that the machinery manufacturing industry has been closely watching.
As this ongoing patent dispute moves towards trial, the impact of this recent development on the course of the lawsuit remains to be observed. For a more extensive review of the ongoing litigation, please refer to the original report available here.