District of Delaware allows damages experts to rely on distributor agreements, cross licenses and collaboration agreements as relevant comparable agreements

The District of Delaware, in Amgen Inc. et al. v. Sanofi, et al., 14-1317 (Judge Robinson) (February 18, 2016), considered the parties' respective Daubert motions relating to the damages experts. Both experts agreed that there were no comparable bare license agreements. (slip op. at 5). In an effort to base their opinions on "some modicum of real world data," Plaintiff's expert relied on distributor fees as comparable, while Defendant's expert relied on cross-license agreements and collaboration agreements as comparable. (Id.) The Court determined that both experts "adequately explained in their reports the relevance of their respective data vis a vis the various Georgia-Pacific factors." (Id.) The Court, however, excluded from Defendant's expert's report an acquisition agreement and a settlement agreement because they were "business arrangements . . . too far afield from a bare patent license to be relevant comparables." (Id.)