Southwestern Energy Production Co. v. Berry-Helfand
In trade secret case, appellate court affirms award for actual damages stemming from defendant gas & oil company’s misappropriation of plaintiff scientists’ study; expert reservoir engineer properly relied on the compensation formula of plaintiffs’ prior ...
Flawed Market Reconstruction Ends Lost Profits Claim
District court finds damages expert’s model for reconstructing market and allocating share to plaintiffs based on a “but for” world, is too speculative to establish causation under the Panduit test and disallows lost profits; however, the court awards rea ...
Nash Bargaining Solution Survives Daubert Challenge, Royalty Analysis Does Not
In Daubert ruling federal court finds the plaintiff’s expert violated entire market value rule when calculating a reasonable royalty, the apportionment factor he used to reduce the revenue of entire products was “a poor substitute” for the analysis necess ...