Last-Minute Efforts to Save Patent Claims Sans Damages Experts
After excluding the parties’ damages experts under Daubert, the court finds no credible evidence remains to support their claims for patent infringement, damages, or equitable relief (either permanent injunctions or prospective royalties).
Calculating Damages for Stealing ‘Early Stage’ IP Helped by Competitor’s Actual Pricing Data
Court denies summary judgment motion, finding sufficient damages evidence for misappropriation of trade secrets—even for early-stage technology—based on the actual pricing data by the competitor, which valued the risk at various stages of development.
Patent Damages Disabled by Poorly Designed Surveys
Federal court dismisses all the damages expert in the case, for both parties, for failure to calculate damages based on reliable consumer surveys and the “real world” cost of infringement alternatives.
Joyce v. Armstrong Teasdale, LLP (II)
Expert’s supplement report to comply with recent case law concerning sufficiency of proof to prove damages in patent cases fails for lack of qualitative evidence and comparable licenses.
