Ericsson, Inc. v. D-Link Corp. (II)
In dispute over infringement of standard-essential patent (SEP), Federal Circuit holds royalty must be apportioned to the value of the patented feature and must exclude any added value to the patented feature from standard’s widespread adoption.
EMVR Must Not Swallow Apportionment, Federal Circuit Says
Federal Circuit strikes award against Apple, finding it resulted from district court’s misstating the law on the entire market value rule and apportionment and court’s failure to serve as gatekeeper under Daubert and exclude unreliable damages testimony.
‘Blurred’ Solvency Analysis Diminishes Expert’s Credibility
Bankruptcy court finds expert’s analysis “blurred the line” between going concern and liquidation value, detracting from opinion’s credibility; but court approves of expert’s “precise” time frame for capturing data with which to determine solvency.
VirnetX, Inc. v. Cisco Systems, Inc. (II)
Federal Circuit strikes award against Apple, finding it resulted from district court’s misstating the law on the entire market value rule and apportionment and court’s failure to serve as gatekeeper under Daubert and exclude unreliable damages testimony.
Stadtmueller v. Fitzgerald (In re Epic Cycle Interactive, Inc.)
Bankruptcy court finds expert’s analysis “blurred the line” between going concern and liquidation value, detracting from opinion’s credibility; but court approves of expert’s “precise” time frame for capturing data with which to determine solvency.
Prior Standards Licenses Reflect Asserted Patents’ ‘Real-World’ Valuation
In IEEE 802.11n standard infringement case, district court denies defendants’ Daubert motion finding plaintiff expert’s damage model based on per unit royalty on sales of accused products included two levels of apportionment to properly capture only the v ...
Ericsson Inc. v. D-Link Corp. (I)
In IEEE 802.11n standard infringement case, district court denies defendants’ Daubert motion finding plaintiff expert’s damage model based on per unit royalty on sales of accused products included two levels of apportionment to properly capture only the v ...
Ibbotson-Derived Discount Rate Subject to Daubert
Court disallows expert theory of “lost opportunity cost” damages for breach of contract, but admits his “standard” lost profits analysis, including reliance on agreed-upon forecasts and an Ibbotson-derived the discount rate.
System Development Integration, LLC v. Computer Sciences Corp.
Court disallows expert theory of “lost opportunity cost” damages for breach of contract, but admits his “standard” lost profits analysis, including reliance on agreed-upon forecasts and an Ibbotson-derived the discount rate.
AccuWeb v. Foley & Lardner
IT company unable to prove economic damages from lapsed patent with “reasonable certainty.”
Another Divorce Client Who Should Have Retained a Valuator
A divorce client who fails to obtain a valuation of a marital asset “has only herself to blame.”
Kojovic v. Goldman
A divorce client who fails to obtain a valuation of a marital asset “has only herself to blame.”
Andrew Luce v. Terence Hanrahan
The California Court of Appeals, First District reversed an unjust enrichment damages award in this misappropriation of trade secrets matter. The court ruled that the wrongdoer’s compensation should be deducted from the wrongdoer’s gross profits to the ex ...
Wrongdoer’s Compensation Should Be Considered in Calculating Unjust Enrichment Damages
The California Court of Appeals, First District reversed an unjust enrichment damages award in this misappropriation of trade secrets matter. The court ruled that the wrongdoer’s compensation should be deducted from the wrongdoer’s gross profits to the ex ...
DP Solutions, Inc. v. Rollins, Inc., et al.
The U.S. Court of Appeals for the 5th Circuit considered an award of damages in this breach of contract action.
Shareholder Agreement Using Par Value Enforced
Timothy Strickland was a former employee and shareholder of CADD Centers of Florida Inc.
CADD Centers of Florida, Inc. v. Strickland
The issue in this case was the par value of a former employee and shareholder’s stock pursuant to a shareholder agreement.
Court of Appeals Determines Whether an Interest in a Corporation Was Properly Valued
Husband contests the trial court's valuation of his 65% interest in Advanced Integrated Technology, a computer consulting business.
Cheatham v. Cheatham
Issue is the valuation of husband's 65% interest in a computer consulting business, and whether the wife's expert erred in failing to consider pattern of declining earnings.
Hunt v. Hunt
At issue is the valuation of husband's interest in a computer service business.