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Brocade Communications Systems, Inc. v. A10 Networks, Inc. (II)

On retrial, court finds EMVR is not necessary to present a viable lost profits theory and denies defendants’ motion to exclude plaintiffs’ damages evidence based on prior ruling that they had failed to show evidence to support an entire market value rule ...

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Versata Software, Inc. v. SAP America, Inc. (II)

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 ...

Royalty Calculation Depends on Cost of ‘Best Imperfect Substitute’

In Daubert decision, district court finds expert erroneously based royalty calculation on the defendants’ maximum profits at risk should they fail to secure a license, rather than the cost of developing a “best imperfect substitute.”

Expert’s ‘Aggressive’ Damages Theory Necessitates New Trial

In patent case, federal court strikes $450 million from $1 billion award and orders a new damages trial, finding the plaintiff’s expert used an improper, “aggressive,” notice date regarding some patents and the jury awarded impermissible forms of compensa ...

Microsoft Corp. v. Motorola, Inc. (II)

Following expert testimony from both sides on the appropriate RAND rate, the federal court ordered Microsoft to pay Motorola $1.8 million a year in royalties for using certain patented features that are part of the H.264 video and 802.11 wireless standard ...

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