Court Finds Use of Industry Licensing Data Reasonable and Relevant to Expert’s Reasonable Royalty Opinion

BVLaw
Court Case Digests
May 1, 2020

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4221 Farm Product Warehousing and Storage
493130 Farm Product Warehousing and Storage
intellectual property, economic damages & lost profits
licensing, royalty rate, georgia-pacific, ktmine, reasonable royalty, royalty base, apportionment, hypothetical negotiation
J&M Industries, Inc. v. Raven Industries, Inc.
2020 U.S. Dist. LEXIS 76881
US
Federal Court
Kansas
United States District Court
unknown (plaintiff); Michael Lewis (defendant)
Broomes

Summary

Court admits most of damages expert’s reasonable royalty opinion, finding expert properly apportioned out value of nonpatented features in calculating royalty rate; expert’s use of industry-specific data from ktMINE database was reasonable and sufficiently tied to facts of the case, court says.

See Also

J&M Industries, Inc. v. Raven Industries, Inc.

Full Text of Court Cases
May 1, 2020

Court admits most of damages expert’s reasonable royalty opinion, finding expert properly apportioned out value of nonpatented features in calculating royalty rate; expert’s use of industry-specific data from ktMINE database was reasonable and sufficiently tied to facts of the case, court says.

This article also appears in:
The Comprehensive Guide to Economic Damages, Seventh Edition