Damages Expert Can Assume But Not Opine as to Market Share

Business Valuation UpdateVol. 19 No. 1
Legal and Court Case Update
January 2013

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5013 Motor Vehicle Supplies and New Parts
423120 Motor Vehicle Supplies and New Parts Merchant Wholesalers
intellectual property
economic damages & lost profits
Illinois Tool Works, Inc. v. MOC Products Co., Inc.
2012 U.S. Dist. LEXIS 116471
August 17, 2012
US
Federal Court
California
United States District Court
Christopher Barry (plaintiff)
Sammartino

Summary

Federal court permits damages expert to assume the plaintiff’s 50% market share in calculating lost profits, based on information from a technical expert, but disallows him from offering an opinion that the plaintiff in fact held a 50% share, for lack of ...

See Also

Illinois Tool Works, Inc. v. MOC Products Co., Inc.

Full Text of Court Cases
August 17, 2012

Federal court permits damages expert to assume the plaintiff’s 50% market share in calculating lost profits, based on information from a technical expert, but disallows him from offering an opinion that the plaintiff in fact held a 50% share, for lack of ...

This article also appears in:
Business Valuation UpdateVol. 19 No. 1
The Comprehensive Guide to Economic Damages, Seventh Edition