Uncritical Use of Royalty Rate Data Spoils Damages Opinion

Business Valuation UpdateVol. 21 No. 9
Legal and Court Case Update
September 2015

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2341 Women's, Misses', Children's, and Infants' Underwear and Nightwear
315240 Women’s, Girls’, and Infants’ Cut and Sew Apparel Manufacturing
intellectual property
damages, royalty rate, daubert, expert testimony, admissibility, reasonable royalty, royalty base, apportionment, entire market value rule (EMVR), hypothetical negotiation
Chico’s Fas, Inc. v. Clair
2015 U.S. Dist. LEXIS 71716
June 3, 2015
US
Federal Court
Florida
United States District Court
Adam Falconer (defendants); unknown (plaintiff)
Chappell

Summary

Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.

See Also

Chico’s Fas, Inc. v. Clair

Full Text of Court Cases
June 3, 2015

Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.

This article also appears in:
Business Valuation UpdateVol. 21 No. 9
The Comprehensive Guide to Economic Damages, Seventh Edition