Electro-Mechanical Corp. v. Power Distribution Products, Inc.
In ruling on defendants’ post-trial motion, district court finds plaintiff’s expert improperly invoked the entire market value rule (EMVR) in calculating lost profits because customers did not decide to buy a system containing the patented device simply t ...
Estate of Michael Jackson sues the IRS
Michael Jackson’s estate is suing the IRS over valuation—assets causing the problem include amounts attributable to the singer’s likeness and intellectual property.
Federal Circuit Chides Defendants for ‘Improper’ Admissibility Challenge
Federal Circuit affirms lost profits and royalty award finding defendants raised questions of admissibility of plaintiff expert testimony in the “improper context” because these are Daubert issues; also plaintiffs’ lost profits theory meets Panduit requir ...
Prior Standards Licenses Reflect Asserted Patents’ ‘Real-World’ Valuation
In IEEE 802.11n standard infringement case, district court denies defendants’ Daubert motion finding plaintiff expert’s damage model based on per unit royalty on sales of accused products included two levels of apportionment to properly capture only the v ...
Dynetix Design Solutions, Inc. v. Synopsis, Inc.
District court finds expert’s royalty analysis is fatally defective as to the base and rate; expert improperly presumed that using smallest salable unit featuring the patented part ended rate analysis even though that feature was not closely tied to defen ...
Info-Hold, Inc. v. Muzak LLC
District court disqualifies proffered expert under all the Daubert factors, finding he lacked any understanding of patent cases and the dominant legal principles; he applied the discredited 25% rule of thumb and the entire market value rule, failed to pro ...