Plaintiff’s Infringement Theory Constrains Apportionment

Business Valuation UpdateVol. 20 No. 3
Legal and Court Case Update
March 2014
7371 Computer Programming Services
541511 Custom Computer Programming Services
intellectual property
patent infringement, daubert, economic damages & lost profits, entire market value rule (EMVR)

Personalized Media Communications, LLC v. Zynga, Inc.
2013 U.S. Dist. LEXIS 160247
November 8, 2013
US
Federal Court
Texas
United States District Court
Dr. Stephen L. Becker (plaintiff); unknown (defendant)
Payne

Summary

Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.

See Also

Personalized Media Communications, LLC v. Zynga, Inc.

Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.