Federal Circuit Discusses Rationale Behind Different Measures of Damages

BVLaw
Court Case Digests
December 6, 2016
7379 Computer Related Services, NEC
541519 Other Computer Related Services
intellectual property
damages, lost profits, patent infringement, royalty rate, expert testimony, georgia-pacific, reasonable royalty, but for causation

Danmark v. CMI USA, Inc.
2016 U.S. App. LEXIS 21672
US
Federal Court
Federal Circuit
United States Court of Appeals
Dr. Nisha Mody (plaintiff); James Pampinella (defendants)
Taranto

Summary

Federal Circuit says expert’s royalty analysis was not improper “pseudo” lost profits analysis that tried to circumvent higher standard of proof, where expert considered plaintiff’s profits as one of many factors in her hypothetical-negotiation model.

See Also

Danmark v. CMI USA, Inc.

Federal Circuit says expert’s royalty analysis was not improper “pseudo” lost profits analysis that tried to circumvent higher standard of proof, where expert considered plaintiff’s profits as one of many factors in her hypothetical-negotiation model.

Federal Circuit Discusses Rationale Behind Different Measures of Damages

Federal Circuit says expert’s royalty analysis was not improper “pseudo” lost profits analysis that tried to circumvent higher standard of proof, where expert considered plaintiff’s profits as one of many factors in her hypothetical-negotiation model.