Flawed Market Reconstruction Ends Lost Profits Claim

Business Valuation UpdateVol. 19 No. 6
Legal and Court Case Update
June 2013
3841 Surgical and Medical Instruments and Apparatus
339112 Surgical and Medical Instrument Manufacturing
intellectual property

Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc.
2013 U.S. Dist. LEXIS 43992
March 28, 2013
US
Federal Court
Connecticut
United States District Court
Dr. Keith Ugone (plaintiffs); Dr. Gregory Bell (defendant)
Arterton

Summary

District court finds damages expert’s model for reconstructing market and allocating share to plaintiffs based on a “but for” world, is too speculative to establish causation under the Panduit test and disallows lost profits; however, the court awards rea ...

See Also

Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc.

District court finds damages expert’s model for reconstructing market and allocating share to plaintiffs based on a “but for” world, is too speculative to establish causation under the Panduit test and disallows lost profits; however, the court awards rea ...