Versata Software, Inc. v. SAP America, Inc. (I)
Court upholds $345 million lost profits/reasonable royalty award for patented software infringement based on careful market reconstruction and calculations by plaintiff's team of four experts.
Oracle USA, Inc. v. SAP AG
Federal district court reverses record-setting $1.3 billion in copyright damages based on the lack of proof of any comparable, real world licenses, permitting the plaintiff to opt for a remitter of $272 million based on the defendant’s profits from a spec ...
Oracle America, Inc. v. Google Inc. (I)
Federal district court precludes expert’s billion dollar damages calculations for patent infringement under the entire market value rule and other legal and evidentiary bases, and provides a clear ‘starting point’ for any reasonable royalty analysis.
Lucent Technologies, Inc. v. Microsoft Corp. (III)
Federal district court precludes expert’s patent infringement damages under Uniloc standard for failing 1) to establish the patented software as the basis for consumer demand of Microsoft Outlook; or, 2) specifically apportioning damages between the paten ...
McRae v. McRae
Court finds that net asset value of healthcare software company includes undeposited earnings, despite husband’s contention that the check was for future services.
In re Marriage of Price and Turkanis
Court approves use of comparable sales data in valuing high-tech startup company, even though comparable transactions took place within one year after the valuation date.
Federal Circuit Tightens Reasonable Royalty Rule; Dissent Calls It ‘Distortion’
Federal Circuit rejects expert’s reasonable royalty calculations for using comparable licenses with no economic relationship to the claimed invention.
Federal Circuit Abolishes 25% Rule of Thumb in Patent Infringement Cases
Federal Circuit abolishes use of 25% rule of thumb in calculation of reasonable royalty rate for patent infringement cases.
Uniloc USA, Inc. v. Microsoft Corp. (II)
Federal Circuit abolishes use of 25% rule of thumb in calculation of reasonable royalty rate for patent infringement cases.
SV Investment Partners v. Thoughtworks, Inc.
Delaware Chancery finds that “funds legally available” for corporate stock redemption requires more than calculating a balance sheet surplus valuation.
Appraisers Win One, Attorneys Lose in Microsoft’s Attempt to Reverse $200 Million Award
Court denies Microsoft’s request to set aside $200 million patent infringement damages award based on unreliability of reasonable royalty rate and other epxert evidence.
i4i Ltd. Partnership v. Microsoft Corp. (II)
Court denies Microsoft’s request to set aside $200 million patent infringement damages award based on unreliability of reasonable royalty rate and other epxert evidence.
IP Innovation LLC v. Red Hat, Inc.
Court strikes expert’s use of entire market value rule in calculating reasonable royalty damages for a patented invention that is but “one of a thousand” features in the accused system.
Billion-Dollar Transfer Pricing Case Turns on Testimony of ‘Incredible’ IRS Experts
IRS loses billion-dollar transfer pricing case based on expert’s wrong determinations of cost of capital and more.
ResQnet.Com v. Lansa, Inc.
Federal Circuit rejects expert’s reasonable royalty calculations for using comparable licenses with no economic relationship to the claimed invention.
Veritas Software Corp. v. Commissioner
IRS loses billion-dollar transfer pricing case based on expert’s wrong determinations of cost of capital and more.
Reversal of Fortune: Court Strikes $358 Million Award for Flaws in Expert Proof
Court reverses record-setting $358 million damages award for unreliable expert proof on damages, including lack of sufficiently comparable licensing agreements.
Microsoft Attacks $200 Million Award for Faulty Expert Survey and Royalty Rate
Microsoft fails to overturn $200 million reasonable royalty damages award for patent infringement based on alleged flaws in expert survey and data.
Lucent Technologies, Inc. v. Gateway, Inc. (II)
Court reverses record-setting $358 million damages award for unreliable expert proof on damages, including lack of sufficiently comparable licensing agreements.
i4i Ltd. Partnership v. Microsoft Corp. (I)
Microsoft fails to overturn $200 million reasonable royalty damages award for patent infringement based on alleged flaws in expert survey and data.
Conservative Tax Affecting and Discounting Support Damages Claims
Court finds conservative use of discounts and tax affecting to be more credible when valuing an S corp software company for purposes of calculating damages (breach of agreement to purchase 25% interest).
Expert Defends Record-Setting Calculations of Patent Damages Against ‘Junk Science’ Charge
Court denies dueling Daubert motions to exclude parties’ financial experts in patent infringement case.
Knott v. Revolution Software, Inc.
Court finds conservative use of discounts and tax affecting to be more credible when valuing an S corp software company for purposes of calculating damages (breach of agreement to purchase 25% interest).
Uniloc USA, Inc. v. Microsoft Corp. (I)
Court denies dueling Daubert motions to exclude parties’ financial experts in patent infringement case.
Lucent Technologies, Inc. v. Gateway, Inc. (I)
Court overturns record-breaking $1.5 billion verdict against Microsoft for alleged patent infringement, finding insufficient evidence for ‘entire market value’ rule and 0.5% royalty rate.
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