Failure to Analyze Settlement Agreement Dooms Damages Theory
Federal court grants defendant’s Daubert motion to exclude plaintiff’s damages testimony, because the expert failed to show how a single “comparable” settlement agreement that covered a different patent was a reliable basis for his reasonable royalty calc ...
Attempt to Base Lost Profits on Infringer’s Sales Alone Fails
In trade dress infringement suit, federal court excludes expert testimony on actual damages under Daubert where expert proposed to base lost profits solely on defendants’ profits, assuming one infringing sale correlated to one lost transaction for the pla ...
Does Use of Full Product Line Data Invalidate Damages Formulation?
In trade dress infringement suit, although court finds expert’s computation of the incremental profit percentage figure based on the plaintiff’s entire product line, rather than the products at issue, “troubling,” it concludes damages formula is admissibl ...
Ericsson Inc. v. D-Link Corp. (I)
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 ...