Chico’s Fas, Inc. v. Clair

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June 3, 2015

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2341 Women's, Misses', Children's, and Infants' Underwear and Nightwear
315240 Women’s, Girls’, and Infants’ Cut and Sew Apparel Manufacturing
intellectual property
damages, royalty rate, daubert, expert testimony, admissibility, reasonable royalty, royalty base, apportionment, entire market value rule (EMVR), hypothetical negotiation
Chico’s Fas, Inc. v. Clair
2015 U.S. Dist. LEXIS 71716
US
Federal Court
Florida
United States District Court
Adam Falconer (defendants); unknown (plaintiff)
Chappell

Summary

Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.
Chico’s Fas, Inc. v. Clair
PDF, Size: 242 KB

See Also

Uncritical Use of Royalty Rate Data Spoils Damages Opinion

Legal and Court Case Update
September 2015

Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.

This article also appears in:
Intellectual Property Valuation Case Law Compendium, Fourth Edition
The Comprehensive Guide to Economic Damages, Seventh Edition