Does Panduit Lost Profits Theory Require Apportionment?

Business Valuation UpdateVol. 19 No. 9
Legal and Court Case Update
September 2013
3577 Computer Peripheral Equipment, NEC
334118 Computer Terminal and Other Computer Peripheral Equipment Manufacturing
intellectual property
damages, lost profits, reasonable royalty, panduit, entire market value rule (EMVR)

Brocade Communications Systems, Inc. v. A10 Networks, Inc. (II)
2013 U.S. Dist. LEXIS 69335
May 15, 2013
US
Federal Court
California
United States District Court
James Malackowski (plaintiffs); Elizabeth Dean (defendants)
Grewal

Summary

On retrial, court finds EMVR is not necessary to present a viable lost profits theory and denies defendants’ motion to exclude plaintiffs’ damages evidence based on prior ruling that they had failed to show evidence to support an entire market value rule ...

See Also

Brocade Communications Systems, Inc. v. A10 Networks, Inc. (II)

On retrial, court finds EMVR is not necessary to present a viable lost profits theory and denies defendants’ motion to exclude plaintiffs’ damages evidence based on prior ruling that they had failed to show evidence to support an entire market value rule ...