Another Federal Judge Questions "Total Market" Damages Calculation

In addition the dismissive thumbs down the Federal Circuit Court of Appeals applied to the 25% Rule of Thumb rule used to calculate damages (see yesterday's blog on Uniloc v. Microsoft), the "total market" view of damages was tossed.  Yesterday, in a ruling filed in U.S. District Court for  Eastern District of Texas, another judge disqualified the "total market" view, thereby striking all of an expert's testimony on damages, and ordered a new damages trial.  The case is Versata v. SAP, and the $139M verdict for Versata is set aside pending the new damages trial.