Endless River Techs. LLC v. Trans Union LLC
The plaintiff sued for damages in relation to termination of a contract requiring the plaintiff to develop software for use by the defendant in comparing real-time online insurance quotes insurers give to their customers. The defendant terminated the contract and admittedly breached the contract. A jury awarded the plaintiff $18.3 million in damages relating to the breach. However, the contract between the plaintiff and the defendant had a liability limiting clause, which prohibited recovery of “consequential damages.” After reviewing motions by the parties, the judge sided with the defendant in determining that the damages awarded were “consequential damages” and not “direct damages” and were not allowed under the contract between the parties.
U.S. District Court Overturns Jury Award for Consequential Damages
The plaintiff sued for damages in relation to termination of a contract requiring the plaintiff to develop software for use by the defendant in comparing real-time online insurance quotes insurers give to their customers. The defendant terminated the contract and admittedly breached the contract. A jury awarded the plaintiff $18.3 million in damages relating to the breach. However, the contract between the plaintiff and the defendant had a liability limiting clause, which prohibited recovery of “consequential damages.” After reviewing motions by the parties, the judge sided with the defendant in determining that the damages awarded were “consequential damages” and not “direct damages” and were not allowed under the contract between the parties.
U.S. District Court Grants in Part and Denies in Part Motions of Dismissal by Company Against Blockchain Researcher
The defendant, CasperLabs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from the plaintiff Vlad Zamfir’s (Zamfir) second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California law. After analysis of each of the actions, the court granted dismissal of some of the actions and denied dismissal of some of the actions.
Zamfir v. CasperLabs, LLC
The defendant, CasperLabs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from the plaintiff Vlad Zamfir’s (Zamfir) second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California law. After analysis of each of the actions, the court granted dismissal of some of the actions and denied dismissal of some of the actions.
Mesirov v. Enbridge Energy Co.
In dispute over related-party transaction, court upholds aiding and abetting claim against financial advisor; plaintiffs produced enough facts to show fairness opinion ignored most relevant precedent transaction and other valuation metrics indicating the buyer was overpaying for contested asset.
Fairness Opinion Triggers Viable Aiding and Abetting Claim Against Financial Advisor
In dispute over related-party transaction, court upholds aiding and abetting claim against financial advisor; plaintiffs produced enough facts to show fairness opinion ignored most relevant precedent transaction and other valuation metrics indicating the buyer was overpaying for contested asset.
In re Appraisal Solera Holdings, Inc.
In an appraisal proceeding, the Chancery finds the deal price minus synergies provides the best evidence of fair value; court says there was an efficient market and the sales process, though not perfect, was able to deliver the value generated in an arm’s-length transaction.
Delaware Chancery Says Reasonably Sound Sales Process Delivered Fair Value
In an appraisal proceeding, the Chancery finds the deal price minus synergies provides the best evidence of fair value; court says there was an efficient market and the sales process, though not perfect, was able to deliver the value generated in an arm’s-length transaction.
Hebert v. Cote
In appreciation in value case, court excludes nonowner spouse’s valuation testimony under Daubert, finding expert’s calculation of “minimum marital component” is not a methodology approved under the applicable SSVS for determining fair market value and also violated other SSVS requirements.
Court Rejects Appreciation in Value Calculation, Citing SSVS Violations
In appreciation in value case, court excludes nonowner spouse’s valuation testimony under Daubert, finding expert’s calculation of “minimum marital component” is not a methodology approved under the applicable SSVS for determining fair market value and also violated other SSVS requirements.
Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value
Chancery finds gap separating fair value determinations of three valuation experts in a merger involving a privately held company “alarmingly” wide; court says only the DCF, “a simple and powerful concept,” achieves a reliable indicator of fair value.
In re ISN Software Corp. Appraisal Litig.
Chancery finds gap separating fair value determinations of three valuation experts in a merger involving a privately held company “alarmingly” wide; court says only the DCF, “a simple and powerful concept,” achieves a reliable indicator of fair value.
Chancery Relies on ‘Simple and Powerful’ DCF for Fair Value
Chancery finds gap separating fair value determinations of three valuation experts in a merger involving a privately held company “alarmingly” wide; court says only the DCF, “a simple and powerful concept,” achieves a reliable indicator of fair value.
Court Declares Lost Profits Analysis ‘Goes Too Far’
Court says nontraditional lost profits theory goes “too far” as it assumes sales occurred pursuant to a license the parties negotiated but never actually executed and assumes revenue derived not only from patents-in-suit, but also related unpatented softw ...
Immersion Corp. v. HTC Corp.
Court says nontraditional lost profits theory goes “too far” as it assumes sales occurred pursuant to a license the parties negotiated but never actually executed and assumes revenue derived not only from patents-in-suit, but also related unpatented softw ...
Nash Bargaining Solution a ‘Non-Starter’ for Royalty Analysis
Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”
May Expert Use Valuation With Unknown Discounts for Royalty Analysis?
Court says no requirement exists that expert’s royalty analysis only consider transactions that are both technologically and economically comparable and finds Daubert allows for a reasonable royalty calculation based on a valuation of patent in suit embed ...
Plaintiff’s Infringement Theory Constrains Apportionment
Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.
Robocast, Inc. v. Microsoft Corp. (II)
Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”
Robocast, Inc. v. Microsoft Corp. (I)
Court says no requirement exists that expert’s royalty analysis only consider transactions that are both technologically and economically comparable and finds Daubert allows for a reasonable royalty calculation based on a valuation of patent in suit embed ...
Chancery Trusts DCF to Home In on Common Stock Value
Court of Chancery finds the defendant directors proved “entire fairness” despite a management incentive plan and large liquidation preference that rendered the sales process unfair to common stockholders and left them with no proceeds; defendant expert’s ...
Personalized Media Communications, LLC v. Zynga, Inc.
Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.
In re Trados Inc.
Court of Chancery finds the defendant directors proved “entire fairness” despite a management incentive plan and large liquidation preference that rendered the sales process unfair to common stockholders and left them with no proceeds; defendant expert’s ...
Microsoft Corp. v. Motorola, Inc. (II)
Following expert testimony from both sides on the appropriate RAND rate, the federal court ordered Microsoft to pay Motorola $1.8 million a year in royalties for using certain patented features that are part of the H.264 video and 802.11 wireless standard ...
Does Apportionment Rule Extend to Trade Secrets Cases?
Federal district court declines opportunity to apply entire market value rule to damages in trade secrets case, and affirms $2 million award based on expert’s attributing all of the profits from contracts to the stolen technology.