Patent Experts Have Limited Latitude to Comply With New Damages Standards

Business Valuation UpdateVol. 19 No. 1
Legal and Court Case Update
January 2013
7372 Prepackaged Software
511210 Software Publishers
intellectual property

Joyce v. Armstrong Teasdale, LLP (I)
2012 U.S. Dist. LEXIS 114847
August 15, 2012
US
Federal Court
Missouri
United States District Court
Stephen Weeks (plaintiff)
Jackson

Summary

Expert’s present value calculus for patented software fails to meet post-trial federal decisions on evidentiary standards for proving damages in patent cases, but the court grants leave to “repair” the report to conform to new standards.

See Also

Joyce v. Armstrong Teasdale, LLP (I)

Expert’s present value calculus for patented software fails to meet post-trial federal decisions on evidentiary standards for proving damages in patent cases, but the court grants leave to “repair” the report to conform to new standards.

Joyce v. Armstrong Teasdale, LLP (II)

Expert’s supplement report to comply with recent case law concerning sufficiency of proof to prove damages in patent cases fails for lack of qualitative evidence and comparable licenses.