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.
Virnetx Inc. v. Cisco Systems, Inc. (I)
In Daubert ruling federal court finds the plaintiff’s expert violated entire market value rule when calculating a reasonable royalty, the apportionment factor he used to reduce the revenue of entire products was “a poor substitute” for the analysis necess ...
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.
Nash Bargaining Solution Survives Daubert Challenge, Royalty Analysis Does Not
In Daubert ruling federal court finds the plaintiff’s expert violated entire market value rule when calculating a reasonable royalty, the apportionment factor he used to reduce the revenue of entire products was “a poor substitute” for the analysis necess ...
Hot Topics in Patent Royalty Damages
2014 was the second highest year on record for patent infringement case filings, with the past couple of years seeing several court decisions addressing patent damages. Join damages expert Richard Bero, CPA/ABV, CVA, CLP, and attorney David Hanson, JD, as they discuss the hot topics and key takeaways in the most recent and thought-provoking court cases.
BVR Legal and Court Case Yearbook 2015
February 2015 978-1-62150-047-6 PDF (262 pages)
BVR (editor)
Business Valuation Resources, LLC
Federal Circuit Sharpens EMVR Test Applicable to Multicomponent Products
Federal Circuit clarifies EMVR applicability in calculating reasonable royalty related to a multicomponent, infringing product that contains other valuable nonpatented features; court explains how the patent holder must show that the patented feature was the sole driver of consumer demand.
Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.
Federal Circuit clarifies EMVR applicability in calculating reasonable royalty related to a multicomponent, infringing product that contains other valuable nonpatented features; court explains how the patent holder must show that the patented feature was the sole driver of consumer demand.
Calculating Damages in Intellectual Property Disputes: New Guidance
The 4th edition of the AICPA/CIMA Practice Aid for Calculating Damages in Intellectual Property Disputes is out, and, in the six years since the last edition, damages law and the intellectual property damages climate have changed in many areas. Join Drew Voth and Jeff Press to learn about the changes to the theories, techniques, and oft-cited case law addressed by intellectual property damages experts in the patent, copyright, trademark, and trade secret areas. The AICPA ...
Xodus Med. v. Prime Med. (I)
This was a patent infringement case related to technology "related to patient slippage within the context of the Trendelenburg position for surgery—when using a viscoelastic foam." Justin Blok was the defendants’ damages expert. The plaintiffs sought to exclude Blok’s testimony on the reasonable royalty because they contended he used unreliable and irrelevant documents to support his opinion. The defendants argued, and the court agreed, that Blok’s opinions go to the weight and not to the admissibility of his opinions.
2015 Legal Yearbook Excerpt
Book Excerpts
The BVR Legal and Court Case Yearbook 2015 is essential for business valuation professionals and attorneys to stay current on the most important legal issues confronting the profession. The Yearbook covers marital disputes, breach of contract actions, damages, dissenting shareholder disputes, estate and gift tax cases, federal taxation, intellectual property cases, bankruptcy litigation, and more.
BVR Legal & Court Case Yearbook 2014
May 2014 978-1-62150-036-0 PDF (256 pages)
BVR (editor)
Business Valuation Resources, LLC
Court Doubles Down on Apportionment for Multifunctional Smallest Salable Unit
Federal Circuit strikes down portion of damages, finding expert’s royalty base was unsupported because she merely apportioned to the “smallest identifiable technical component,” which itself was a multicomponent software engine that performed both noninfringing and infringing functions.
Intellectual Property Valuation Case Law Compendium, Fourth Edition
January 2021 Hardcover, PDF (580 pages)
BVR (editor)
Business Valuation Resources, LLC
Mentor Graphics Corp. v. EVE-USA, Inc. (II)
Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.
Finjan, Inc. v. Blue Coat Systems, Inc. (II)
Federal Circuit strikes down portion of damages, finding expert’s royalty base was unsupported because she merely apportioned to the “smallest identifiable technical component,” which itself was a multicomponent software engine that performed both noninfringing and infringing functions.
Intellectual Property Compendium, 4th Edition Excerpt
Book Excerpts
EXCERPT Intellectual Propert y Valuation Case Law Compendium FOURTH EDITION 111 SW Columbia St, Suite 750, Portland, OR 97201 (503) 479-8200 • www.bvresources.com Copyright © 2020 by Business Valuation Resources, LLC (BVR). All rights reserved. Printed in the United States of America. No part of this publication may be reprinted, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States ...
Commonwealth Sci. & Indus. Research Organisation v. Cisco Sys.
Federal Circuit invalidates infringement award where trial court’s damages model failed to filter out value to the patent in suit accruing from its being essential to wireless standard and failed to adjust its Georgia-Pacific analysis for standardization.
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 ...
Intellectual Property Case Law Compendium, Third Edition Excerpt
Book Excerpts
Confidently navigate your next IP engagement with new thought leadership in BVR's Intellectual Property Valuation Case Law Compendium, Third Edition. Ensure you have the most current analysis on how courts across the U.S. view key business valuation issues. This compendium includes in-depth analysis on nearly 200 court cases, several chapters with insight and advice from top business valuation experts, and a list of the top 20 questions to ask when completing due diligence for an IP valuation.