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25% Rule Does Not ‘Irretrievably Damage’ Royalty Analysis

Federal Circuit finds use of discarded 25% rule of thumb does not “irretrievably damage” expert’s royalty analysis because he also used acceptable alternative method, substantially supporting jury’s award.

Energy Transportation Group, Inc. v. William Demant Holding A/S

Federal Circuit finds use of discarded 25% rule of thumb does not “irretrievably damage” expert’s royalty analysis because he also used acceptable alternative method, substantially supporting jury’s award.

Calculating Damages for Stealing ‘Early Stage’ IP Helped by Competitor’s Actual Pricing Data

Court denies summary judgment motion, finding sufficient damages evidence for misappropriation of trade secrets—even for early-stage technology—based on the actual pricing data by the competitor, which valued the risk at various stages of development.

W.L. Gore & Associates, Inc. v. GI Dynamics, Inc.

Court denies summary judgment motion, finding sufficient damages evidence for misappropriation of trade secrets—even for early-stage technology—based on the actual pricing data by the competitor, which valued the risk at various stages of development.

Jury Splits the Difference Between Experts’ Reasonable Royalties

Bankruptcy court denies Daubert motion and grants summary judgment based largely on expert insolvency analysis, despite “professional” disagreement on data used to calculate small stock premium, cost of debt, and company-specific risk premium.

Energy Transportation Group, Inc. v. Sonic Innovations, Inc.

Federal district court affirms damages award for patent infringement despite jury “splitting the difference” between the parties’ experts’ reasonable royalty analyses.

North Carolina Rejects Daubert Federal Expert Testimony Standard

In this products liability case, the issue was whether North Carolina had adopted the federal Daubert standard of expert testimony admissibility.

Howerton v. Arai Helmet

The issue in this case was the testimony of an expert witness.

Marketability not considered in spite of shareholder agreement restrictions

One of the issues in this marital dissolution was the value of husband’s 25% interest in Neurology Consultants, Chartered.

D.K.H. v. L.R.G.

The Missouri Court of Appeals, Western District affirmed the valuation of an interest in a medical practice. The practice was valued under the fair market value standard under the third-party sale provision of the practice’s restricted shareholders’ agree ...

Oral Forfeiture Clause Valuing Stock at Amount of Initial Capital Contribution Void

The Pennsylvania Superior Court affirmed the lower court’s decision rejecting an oral forfeiture clause, which limited the valuation of a departing shareholder’s stock to the return of his initial capital contribution if the shareholder competed.

World Wide Prosthetic Supply, Inc. v. Robert J. Mikulsky

The Wisconsin Supreme Court concluded that World Wide could recover lost profits for Mikulsky’s manufacture and marketing of a defective product incorporating World Wide’s trade secret under Wisconsin’s version of the Uniform Trade Secrets Act.

Experts Rejected as Advocates

The Tax Court considered the amount of reasonable and deductible compensation of two shareholders.

Wigart v. Cervenka

At issue is a stock buy-out by minority shareholders of a privately-held corporation developing, manufacturing, and selling medical implant devices.

Shareholder Dispute Cases

Minority shareholders in MICROVENA, a privately held corporation, appealed when their motion to compel a stock buyout was denied, claiming unfairly prejudicial conduct by the majority shareholder.

Lithuanian Commerce Corp. v. Sara Lee Hosier

This case is an appeal from an order of a magistrate judge denying Sara Lee's motion to exclude expert testimony at trial under Daubert.

Thomas v. Thomas

One issue in this case was the valuation of closely held companies.

Charles C. Cullen v. CIR

The Tax Court concluded that a businessman did not receive any goodwill in the liquidation and conversion of his corporation to a sole proprietorship. It reasoned that the goodwill was personal to the businessman and remained his personal property absent ...

Goodwill Belonged to Sale Owner, Not Business

The Tax Court concluded that a businessman did not receive any goodwill in the liquidation and conversion of his corporation to a sole proprietorship.

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