Icare-EMS, Inc. v. Rural Metro Corp.

Cost Method Passes First Daubert Hurdle in Lost Profits for Startup

Court admits expert’s calculations of lost profits under the cost method, finding the method not “optimal” but nevertheless reliable under the Daubert standard given the start-up nature of the business.

B-K Cypress Log Homes v. Auto-Owners Insurance Company

Rebuttal Expert May Be Redundant in Offering Only a Critique

Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...

Nordetek Environmental, Inc. v. RDP Technologies, Inc.

Not Appropriate to Value a Recovering Business at Its ‘Nadir’

Federal court dismisses expert’s damages calculation of under Daubert for incorrectly applying the diminution of value approach to a recovered business, and for assuming a disputed IP license had no value.

Dataquill Ltd. v. High Tech Computer Corp. (II)

Expert May Rely on Revenue-Sharing Agreement to Show Value, But Not Royalty

Court excludes portions of expert’s second, supplemental report for failure to explain technical and economic comparability of licenses used to calculate reasonable royalty damages in patent infringement case.

Oracle America, Inc. v. Google Inc. (V)

Federal Court Strikes Portions of Its Own Expert’s Report

Federal district court strikes portions of its own expert’s report on patent damages for failing to apportion damages among the patented and unpatented features of the in-suit IP.

Oracle America, Inc. v. Google Inc. (IV)

Google Experts Also Err and Try to Add New Approaches

Federal district court strikes portions of supplemental reports submitted by defendant’s rebuttal witnesses, in part because the patent expert’s failed to analyze predecessors to the patents in suit and the copyright expert applied new methodologies.

Oracle America, Inc. v. Google Inc. (III)

Oracle Expert Makes Final, Flawed Attempt to Apportion Damages

Federal district court strikes portions of plaintiff’s expert’s third and final damages report under Daubert, including the "upper bound" value of his apportionment analysis, his determination of market share based on consumer surveys, and his "independen ...

Pulse Medical Instruments, Inc. v. Drug Impairment Detection Services, Inc.

Patent Damages for ‘Lost Opportunity Value’ Pass Daubert

Court admits expert’s “lost opportunity value analysis” for calculating damages, finding that Georgia-Pacific reasonably royalty damages and lost profits are not exclusive remedies in patent infringement cases.

Great Lakes Business Trust v. M/T Orange Sun (I)

Financial Expert Makes Successful Case for Maritime Lost Profits

Court adopts lost profits calculations by the plaintiff’s damages expert for a deep harbor dredger, accepting higher utilization rate than historic rates based on evidence of “robust” market and lack of competition.

DaimlerChrysler Motors Company v. Manuel

Expert Uses Only One Comp to Calculate Auto Dealership Damages

Appellate court affirms $370,000 in lost profits for proposed Chrysler dealership, based in part on actual sales data from a single benchmark run by the same dealer but selling vehicles from a competing manufacturer.

Carlton Energy Group, LLC v. Phillips

Plaintiff Uses Opponent’s Expert Industry Report to Great Advantage

Court of Appeals reinstates full $66.5 million award for tortious interference with contract to develop natural gas reserves, even though this amount exceeded the valuation by plaintiff’s expert and was most likely derived from defendant’s industry report ...

University of Pittsburgh v. Varian Medical Systems, Inc.

Defendant Tries Every Pretrial Tactic to Avoid Trial on Patent Damages

District court finds that entire market value rule applies only when unpatented features are combined with patented invention, denying this and numerous other objections by defendant to plaintiff’s reasonable royalty calculations.

BC Technical, Inc. v. Ensil International Corporation

Can You Prove Lost Profits With Only Five Months of Sales Data?

Court confirms admission of expert’s damages calculations, despite their reliance on only five months of pre-contract sales data.

Flying J, Inc. v. Department of Transportation

Comps Are Critical to Prove Lost Profits for Proposed Business

California Court of Appeals permits lost profits for breach of contracts to convey real estate, but finds the plaintiff failed to prove the same with reasonable certainty in this case by relying on other developed locations that were not sufficiently comp ...

Taheri v. Khadavi

Defendants’ Failure to Offer Damages Expert May Have Cost Millions

Court affirms over $8 million in lost profits damages due to fraud in sale of medical surgery center, based on plaintiff’s expert evidence and absence of contradicting evidence from defendants.

Bricklayers and Trowel Trades International Pension Fund v. Credit Suisse First Boston

Expert’s Event Study ‘Flouts’ Commonly Accepted Methodology

District court strike’s expert event study, purporting to support a “fraud on the market theory,” for “flouting” accepted methodology, including “cherry-picking” the event dates and failing to account for confounding factors.

Collelo v. Geographic Services, Inc.

Two Experts Testify to Only One Basis for Trade Secrets Damages

Va. Supreme Court reverses and remands trade secrets case for new trial on damages under the state’s Trade Practices Act, but finds evidence from two experts on statutory damages insufficient to support plaintiff’s breach of contract and tort claims.

Oracle America, Inc. v. Google Inc. (II)

On the Second Try, Oracle’s Expert Still Doesn’t Get It Right

Court sends plaintiff’s expert back for a third try at apportioning infringement damages between patented and unpatented features of technology system (Android), on a claim-by-claim basis.

Silicon Knights, Inc. v. Epic Games, Inc.

Expert Proves ‘Too Human’ in Selection of Video Game Comparables

On July 8, 2011, Epic Games, Inc., ("Epic" or "defendant") filed a motion to exclude the reports and testimony of Terry Lloyd, an expert for Silicon Knights, Inc. ("SK" or "plaintiff"), and a motion to seal Epic's supporting memorandum and exhibits [D.E. 6 ...

JGR, Inc. v. Thomasville Furniture Industries, Inc. (III)

On plaintiff’s third attempt to prove damages due to defendant’s breach of contract, Sixth Circuit permits expert to present lost business value based primarily on discounted cash flow analysis.

JGR, Inc. v. Thomasville Furniture Industries, Inc. (IV)

DCF Reliable for Calculating Lost Business Value

Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B. Burke (Doc. No. 308) addressing (1) the admissibility of Plaintiff’s expert’s testimony under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589 (1993); (2) Defendant ...

Dataquill Ltd. v. High Tech Computer Corp. (I)

Uniloc Expert Fails Two-Pronged Test for Comparable Licenses

Court excludes portions of expert’s damages analysis that fails to show economic comparability of patents-in-suit to prior licenses, but permits his calculations based on the entire market value rule upon adequate showing that the patented technology help ...

Beijing Tong Ren Tang (USA) Corp. v. TRT USA Corporation et al.

Lost Profits Expert Relied Solely on New Business Plan

Court vacates over $2 million in lost profits for new venture, finding the damages expert relied solely on “grandiose” and unrealistic business plans.

Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc.

Court Vacates $9 Million Baseline Royalty Rate Under Uniloc

Court grants new trial on damages, based on Federal Circuit’s decision in Uniloc abolishing the 25% Rule in calculating reasonable royalty for patent infringement.

Powell v. The Home Depot U.S.A., Inc.

Can a Reasonable Royalty Ever Exceed Lost Profits?

Federal Circuit confirms that neither the infringer’s profits nor the patentee’s expected lost profits serves to cap reasonable royalty damages.