Uncritical Use of Royalty Rate Data Spoils Damages Opinion
Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.
Chico’s Fas, Inc. v. Clair
Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.
Damages for Price Fixing Determined Using Historical Sales
The U.S. Court of Appeals for the Fifth Circuit affirmed a jury’s award of lost profits in this vertical minimum price fixing antitrust action. The lost future profits award was calculated based on 3-year average of PSKS’ sales of Leegin goods, where gros ...
PSKS, Inc. v. Leegin Creative Leather Products, Inc.
The U.S. Court of Appeals for the Fifth Circuit affirmed a jury’s award of lost profits in this vertical minimum price fixing antitrust action. The lost future profits award was calculated based on 3-year average of PSKS’ sales of Leegin goods, where gros ...
Reasonable Offer Excludes Recovery of Later Costs and Expenses
This appeal of an award for condemnation focused on the trial court’s failure to award litigation expenses to the condemned property’s owner.
L.A. Unified School District v. Chong Mo Chong dba My Tina
This appeal of an award for condemnation focused on the trial court’s failure to award litigation expenses to the condemned property’s owner.
Controlling Stockholders Have No Duty to Share Control Premium Received
NCC Industries is a publicly traded Delaware corporation involved in the garment business.
Herzog, Heine, Geduld, Inc. v. NCC Industries
Plaintiffs alleged breach of fiduciary duty based on majority shareholders sale of stock at a control premium price, where public sale price dropped significantly thereafter.