Samsung’s About-Face on Off-the-Market Lost Profits Calculation

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

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4813 Telephone Communications, Except Radiotelephone
334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
intellectual property
lost profits, daubert, patent, non-infringing alternative, infringement
Apple, Inc. v. Samsung Electronics Co. (IV)
2014 U.S. Dist. LEXIS 43907
March 28, 2014
US
Federal Court
California
United States District Court
Christopher A. Vellturo, Ph.D. (Apple); unknown (Samsung)
Koh

Summary

Based on prior ruling requiring that analysis of off-the-market lost profits consider potential design-arounds as of the date of first infringement rather than the notice, court rejects Samsung’s pretrial motion to preclude calculation of Apple’s expert.

See Also

Apple, Inc. v. Samsung Electronics Co. (IV)

Full Text of Court Cases
March 28, 2014

Based on prior ruling requiring that analysis of off-the-market lost profits consider potential design-arounds as of the date of first infringement rather than the notice, court rejects Samsung’s pretrial motion to preclude calculation of Apple’s expert.

This article also appears in:
Business Valuation UpdateVol. 20 No. 5
The Comprehensive Guide to Economic Damages, Seventh Edition