Sunoco Partnership Mktg. & Terminals L.P. v. U.S. Venture, Inc.

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January 29, 2020

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5171 Petroleum Bulk Stations and Terminals
424710 Petroleum Bulk Stations and Terminals
intellectual property, economic damages & lost profits
lost profits, expert testimony, georgia-pacific, reasonable royalty, apportionment, infringement, hypothetical negotiation
Sunoco Partnership Mktg. & Terminals L.P. v. U.S. Venture, Inc.
2020 U.S. Dist. LEXIS 14994; 2020 WL 469383
US
Federal Court
Illinois
United States District Court
Dr. Keith Ugone (plaintiff); Dr. James Malackowski (defendant)
Pallmeyer

Summary

In infringement case, court rejects plaintiff expert’s lost profits and reasonable royalty analyses, noting both rely on supply agreements covering more than the value of the patents; plaintiff fails Panduit test but is entitled to reasonable royalty based on opposing expert’s calculation.
Sunoco P'ship Mktg. & Terminals L.P. v. U.S. Venture, Inc.
PDF, Size: 250 KB

See Also

Plaintiff Fails Panduit Test Where Lost Profits Analysis Includes ‘Far More’ Than Value of Patents

Court Case Digests
January 29, 2020

In infringement case, court rejects plaintiff expert’s lost profits and reasonable royalty analyses, noting both rely on supply agreements covering more than the value of the patents; plaintiff fails Panduit test but is entitled to reasonable royalty based on opposing expert’s calculation.

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