Inexact Apportionment Invalidates Expert’s Royalty Calculation

Business Valuation UpdateVol. 20 No. 2
Legal and Court Case Update
February 2014

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7379 Computer Related Services, NEC
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intellectual property
patent infringement, royalty rate, daubert, reasonable royalty, royalty base, apportionment, entire market value rule (EMVR)
Rembrandt Social Media, LP v. Facebook
2013 U.S. Dist. LEXIS 171127
December 3, 2013
US
Federal Court
Virginia
United States District Court
James E. Malackowski (plaintiff); unknown (defendant)
Ellis

Summary

Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...

See Also

Rembrandt Social Media, LP v. Facebook

Full Text of Court Cases
December 3, 2013

Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...

This article also appears in:
Business Valuation UpdateVol. 20 No. 2
The Comprehensive Guide to Economic Damages, Seventh Edition