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No Automatic Bar to Royalties Accruing After Life of Patent

Court finds expert’s use of two-supplier and market share methods as well as Panduit test generate admissible lost profits calculation; court also admits expert’s reasonable royalty analysis, saying it does not include unlawful post-expiration sales.

3M Innovative Props. Co. v. GDC, Inc.

Court finds expert’s use of two-supplier and market share methods as well as Panduit test generate admissible lost profits calculation; court also admits expert’s reasonable royalty analysis, saying it does not include unlawful post-expiration sales.

No Automatic Bar to Royalties Accruing After Life of Patent

Court finds expert’s use of two-supplier and market share methods as well as Panduit test generate admissible lost profits calculation; court also admits expert’s reasonable royalty analysis, saying it does not include unlawful post-expiration sales.

Expert’s Unconventional Method to Forecast Lost Profits Satisfies Daubert

Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.

Flawed Expert Opinion Drastically Diminishes Plaintiff’s Lost Profits

Bankruptcy court substantially reduces plaintiff’s damages claim based largely on expert’s failure to independently verify assumptions regarding defendant’s alleged theft of trade secrets on lost profits and lost sales.

RMD, LLC v. Nitto Americas, Inc.

Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.

In re Jonatzke

Bankruptcy court substantially reduces plaintiff’s damages claim based largely on expert’s failure to independently verify assumptions regarding defendant’s alleged theft of trade secrets on lost profits and lost sales.

Federal Court Resurrects 25% Rule of Thumb to Calculate Ongoing Royalty

Federal district court relies on 25% rule of thumb as starting point to calculate prospective reasonably royalty rate for patent infringement damages, despite (and without citation to) the Federal Circuit’s rejection of the rule in Uniloc v. Microsoft.

Douglas Dynamics v. Buyers Products Co.

Federal district court relies on 25% rule of thumb as starting point to calculate prospective reasonably royalty rate for patent infringement damages, despite (and without citation to) the Federal Circuit’s rejection of the rule in Uniloc v. Microsoft.

Defendant’s Rebuttal of Lost Profits Damages Does Not Form Independent Basis for Award

Court reverses $770,000 jury award for tortious interference and misappropriation of trade secrets based on expert’s failure to show that plaintiff would have made 100% of defendant sales.

Glattly v. Air Starter Components, Inc.

Court reverses $770,000 jury award for tortious interference and misappropriation of trade secrets based on expert’s failure to show that plaintiff would have made 100% of defendant sales.

Valuation Experts Required to Have Clear Credentials, Experience, and Methods

Court excludes proposed BV expert for failing to have appropriate credentials, experience, and clear methodology.

Rosvold v. LSM Systems Engineering, Inc.

Court excludes proposed BV expert for failing to have appropriate credentials, experience, and clear methodology.

Lost Profits From Breach of Noncompete Agreement Calculated

The Ohio Court of Appeals, 8th District, affirmed an award of lost profits in this breach of noncompete agreement action.

Executive Compensation Analysis and Other Methodology Found Flawed

This is an action for breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA).

Eckelkamp v. Beste

At issue is breach of fiduciary duty against Melton Co., it's ESOP, and four Melton officers.

Gary Lee Eckelkamp, et al. v. Dennis J. Beste, et al.

The U.S. Court of Appeals for the Eighth Circuit determined that an expert report indicating a greater valuation for ESOP purposes and showing that the directors of the ESOP were overcompensated in and of itself does not create a genuine issue of material ...

Northwest Mining and Extraction, Inc. v. Safe Guard Products, et al.

The Washington Court of Appeals affirmed the trial court’s decision to deny an award of lost profits in this breach of contract case.

Janet A. McDougal v. Estate of McDougal

The Michigan Supreme Court reversed and remanded the lower court's division of patents invented prior to the marriage which became income producing during the marriage. The court determined that the wife only entitled a share of the income received from ...

'Fault' Accorded Too Much Weight in Patent Division

The Michigan Supreme Court reversed and remanded the lower court's division of patents invented prior to the marriage which became income producing during the marriage.

Attorney Fails to Have Business Valued; Wife Wins Damage Award

The wife filed an action for malpractice against the attorney who represented her in her divorce, alleging, among other things, that he was negligent in both failing to have the marital business value and in advising her to sign a property settlement agreement.

Callahan v. Clark

At issue is the valuation of the couple's business of producing replacement parts for classic cars.

Hutchens Non-Marital Trust v. Commissioner

At issue is the valuation of the stock of a family-owned corporation for estate gift tax purposes.

Hutchens v. Commissioner

The marketability discount issue in this case arose in connection with the question of whether the common stock decedent and his wife surrendered in a recapitalization of their family-owned corporation was worth more than the preferred stock they received, thus resulting in taxable gifts.

Maake v. Maake

At issue is the valuation of husband's business, Maake Enterprises, a manufacturer of lowtemperature heating elements for truck mirrors.

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