Does Apportionment Rule Extend to Trade Secrets Cases?
Federal district court declines opportunity to apply entire market value rule to damages in trade secrets case, and affirms $2 million award based on expert’s attributing all of the profits from contracts to the stolen technology.
In Billion-Dollar IP Case, Expert’s Mention of Total Revenue Does Not Violate Uniloc
District court rejects defendants’ Daubert challenge finding plaintiff’s expert’s reference to total revenue was legitimate starting point of apportionment analysis and did not amount to use of Entire Market Value Rule.
AVM Technologies, LLC v. Intel Corporation (II)
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 ...
Hark’n Technologies, Inc. v. Crossover Symmetry
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 ...
Brighton Collectibles, Inc. v. RK Texas Leather Mfg.
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 ...