Summary
Multiple factors in this decision on motions to exclude expert witnesses have importance in determining infringement damages. First, the court allowed the use and reliance of other experts in the case to be appropriate. Second, the court noted that documents one of the experts used are ones experts normally rely on. Additionally, the court did deny the use by a witness of a trailing royalties based on post-trial sales.
Headwater Rsch. LLC v. Samsung Elecs. Co.
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U.S. District Court (Texas) Allows Damages Based on Acceptable Data Relied on but Denies Expert Testimony on Running Royalty Analysis on Post-Trial Sales
Multiple factors in this decision on motions to exclude expert witnesses have importance in determining infringement damages. First, the court allowed the use and reliance of other experts in the case to be appropriate. Second, the court noted that documents one of the experts used are ones experts normally rely on. Additionally, the court did deny the use by a witness of a trailing royalties based on post-trial sales.