No Legal Barrier to ­Expert’s Adjusted Lost Profits ­Analysis

Business Valuation UpdateVol. 22 No. 2
Legal and Court Case Update
February 2016

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intellectual property
patent infringement, expert testimony, causation, economic damages & lost profits
Akamai Techs., Inc. v. Limelight Networks, Inc.
2015 U.S. App. LEXIS 19848
November 16, 2015
US
Federal Court
Federal Circuit
United States Court of Appeals
Dr. Keith Ugone
Linn

Summary

Federal Circuit upholds lost profits award based on adjusted market share analysis, finding expert accounted for huge price disparity between patentee’s product and infringer’s product and based market elasticity discount on sound economic principles.

See Also

Akamai Techs., Inc. v. Limelight Networks, Inc.

Full Text of Court Cases
November 16, 2015

Federal Circuit upholds lost profits award based on adjusted market share analysis, finding expert accounted for huge price disparity between patentee’s product and infringer’s product and based market elasticity discount on sound economic principles.

This article also appears in:
Business Valuation UpdateVol. 22 No. 2
The Comprehensive Guide to Economic Damages, Seventh Edition