Since 2008, district courts have granted or partially granted motions to exclude expert testimony for relying on noncomparable transactions in 75 out of 123 decisions with regard to damages cases. This is according to an analysis reported in the Docket Report blog. Questions that arise include: Are litigation-induced licenses comparable to the hypothetical negotiation that would occur in the instant case? What about licensing negotiations that did not produce an agreement, licenses involving different patents or technology, or licenses for patent pools or bundles instead of individual patents?
Extra:The new Comprehensive Guide to Economic Damages, edited by Nancy Fannon and Jonathan Dunitz is available now. Click here for more.
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