Extract to table

1978), framework — which is widely applied in patent damages cases in this District and throughout the Federal Circuit — a patentee seeking lost profits must establish, among other things, the absence of acceptable non-infringing substitutes

A corporation's knowledge of whether alternative designs exist, what those designs entail, and whether they are technically and commercially feasible constitutes factual information that must be disclosed through a properly prepared 30(b)(6) witness

Rule 30(b)(6) Obligations Under Federal Rule of Civil Procedure 30(b)(6), when a party serves a deposition notice describing with reasonable particularity the matters for examination, the noticed organization "must then designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf" and must "set out the matters on which each person designated will testify

Critically, the persons so designated "must testify about information known or reasonably available to the organization

The designee speaks for the corporation, not for himself, and the corporation must prepare its designee to testify fully, completely, and unevasively as to all information known or reasonably available to it on the noticed topics

2006) ("The deponent must prepare the designee to the extent matters are reasonably available, whether from documents, past employees, or other sources