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Court Spotlights Lack of Control in Oil and Gas Interest Valuation

Appeals court affirms trial court’s discounting for lack of control and marketability in valuing oil and gas interests where trust’s ownership in interests was fractional and indirect and there was testimony regarding IRS’s estate tax discount rates.

Taubman v. U.S. Bank, N.A.

Appeals court affirms trial court’s discounting for lack of control and marketability in valuing oil and gas interests where trust’s ownership in interests was fractional and indirect and there was testimony regarding IRS’s estate tax discount rates.

Conservative Assumptions Help Support Expert’s Lost Profits Calculations

Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.

Reasonable vs. Mathematical Certainty in Statutory Interest Awards

Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.

IP Valuation Fails to Follow Accepted BV Guidelines in Shareholder Derivative Suit

Court excludes IP valuation evidence under the new business rule but grants new trial because defendants failed to make a sufficient objection during the original proceedings.

Ice Corp. v. Hamilton Sundstrand Corp.

Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.

ClearOne Communications v. Chiang

Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.

Cement-Lock v. Gas Technology Institute

Court excludes IP valuation evidence under the new business rule, but grants new trial because defendants failed to make a sufficient objection during the original proceedings.

Conservative Growth Estimates Help to Sustain Damages Award

Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.

Buyer’s Projections Used to Value Asset From Seller’s Perspective

In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.

Expert Calculates Lost Profits Through 25-Year Contract Term

Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.

Russo v. Ballard Medical Products

Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.

Nano-Proprietary Inc. v. Canon

In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.

Polaroid Corp. v. Eastman Kodak Co.

Lengthy litigation concerning defendant’s alleged infringement of plaintiff’s patent, including consideration of taxable consequences in award of pre-judgment interest. plaintiff would have had to pay, absent the defendant’s violation.

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