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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.”

Brandeis University v. Keebler Co.

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.”

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