Case Cite

BreathableBaby, LLC v. Crown Craft, Inc., No. 12-cv-94 (PJS/TNL), 2013 WL 3350594 (D. Minn. May 31, 2013).

IPDQ Commentary

Sales forecasts related to an accused product are considered relevant, discoverable and admissible, according to a district court in BreathableBaby. They must be produced.

Case Summary

Granting Plaintiff’s motion to compel in an infringement case, the district court required Defendant to produce sales forecasts to the extent they had not already been produced. Id. at *5. Sales forecasts are relevant and discoverable, and a jury is entitled to rely on them in determining damages . Id. at *5 (citing Snellman v. Ricoh Co. Ltd., 862 F.2d 283, 289 (Fed. Cir. 1988)).