Nash Bargaining Solution a ‘Non-Starter’ for Royalty Analysis

Business Valuation UpdateVol. 20 No. 5
Legal and Court Case Update
May 2014

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7371 Computer Programming Services
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intellectual property
patent infringement, daubert, expert testimony, georgia-pacific, reasonable royalty, rules of thumb, lump sum license, nash bargaining solution
Robocast, Inc. v. Microsoft Corp. (II)
2014 U.S. Dist. LEXIS 10745
January 29, 2014
US
Federal Court
Delaware
United States District Court
Creighton Hoffman (plaintiff); Christopher Martinez (defendant)
Andrews

Summary

Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”

See Also

Robocast, Inc. v. Microsoft Corp. (II)

Full Text of Court Cases
January 29, 2014

Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”