Whitserve, LLC v. Computer Packages, Inc.
Federal Circuit reverses $8.3 million award because expert used the “now discarded” 25% rule of thumb and conducted a “superficial” Georgia-Pacific analysis to reach unrealistic conclusions.
‘Modified’ Georgia-Pacific Analysis Applies to Post-Verdict Royalties
Court applies modified Georgia-Pacific analysis—including changed economic circumstances between the parties as well as changes in patent law—to determine post-verdict, ongoing reasonable royalty rate.
Expert May Rely on Revenue-Sharing Agreement to Show Value, But Not Royalty
Court excludes portions of expert’s second, supplemental report for failure to explain technical and economic comparability of licenses used to calculate reasonable royalty damages in patent infringement case.
Google Experts Also Err and Try to Add New Approaches
Federal district court strikes portions of supplemental reports submitted by defendant’s rebuttal witnesses, in part because the patent expert’s failed to analyze predecessors to the patents in suit and the copyright expert applied new methodologies.
Oracle Expert Makes Final, Flawed Attempt to Apportion Damages
Federal district court strikes portions of plaintiff’s expert’s third and final damages report under Daubert, including the “upper bound” value of his apportionment analysis, his determination of market share based on consumer surveys, and his “independen ...
TXCO Resources, Inc. v. Peregrine Petroleum, LLC (In re: TXCO Resources, Inc.)
Court denies lost profits damages for trade secret misappropriation in oil and gas case, but calculates $15.8 million reasonable royalty award based on prior “licenses” (farmout and joint exploration agreements) that were particular to the plaintiff and c ...
Basile Baumann Prost Cole & Assoc. v. BBP & Assoc. LLC
Court strikes expert’s “lost asset value” theory of damages for trademark infringement because it relied entirely on the plaintiff’s allegations that it lost all of its goodwill value due to the defendants’ actions, without adequate proof.