Patent Damages Disabled by Poorly Designed Surveys
Federal court dismisses all the damages expert in the case, for both parties, for failure to calculate damages based on reliable consumer surveys and the “real world” cost of infringement alternatives.
Apple, Inc. v. Samsung Electronics Co. (I)
Federal district court precludes defendant’s expert from apportioning damages for infringement of a design patent (as opposed to utility patent) as contrary to the statutory remedy, but denies most Daubert objections against the plaintiff’s expert.
Fractus, S.A. v. Samsung Electronics Co.
Court affirms $23 million patent infringement award based on apportionment analysis of the plaintiff’s expert, which relied on internal as well as external documentation of value of patented technology without improperly invoking entire market value of in ...
Apple, Inc. v. Motorola Mobility, Inc. (II)
After excluding the parties’ damages experts under Daubert, the court finds no credible evidence remains to support their claims for patent infringement, damages, or equitable relief (either permanent injunctions or prospective royalties).
Federal Circuit Permits Discovery of License Negotiations
Federal Circuit finds that settlement negotiations related to reasonable royalty and damage calculations are not protected by particular privilege, but are subject to discovery, in addition to the settlement agreements themselves.
Apple, Inc. v. Motorola Mobility, Inc. (I)
Federal court dismisses all the damages expert in the case, for both parties, for failure to calculate damages based on reliable consumer surveys and the “real world” cost of infringement alternatives.
Income Approach Does Not Assume an Actual Buyer for the Business
Court dismisses as “meritless” a Daubert challenge to a $2.7 million business valuation under the income approach, which claimed the expert incorrectly assumed that there was actually a buyer for the company at this amount.
In re MSTG, Inc.
Federal Circuit finds that settlement negotiations related to reasonable royalty and damage calculations are not protected by particular privilege, but are subject to discovery, in addition to the settlement agreements themselves.
Sann v. Mastrian
Court dismisses as “meritless” a Daubert challenge to a $2.7 million business valuation under the income approach, which claimed the expert incorrectly assumed that there was actually a buyer for the company at this amount.
Special Legal Report: Important Delaware Chancery Case on Terminal Growth Rate, ERP, Betas, and Best Experts
Delaware Chancery adopts supply-side equity risk premium and discusses appropriate terminal growth rate, tax rate, and beta in the statutory fair value appraisal of Russian telecomm company.
Global GT LP v Golden Telecom, Inc. (I)
Delaware Chancery adopts supply-side equity risk premium and discusses appropriate terminal growth rate, tax rate, and beta in the statutory fair value appraisal of Russian telecomm company.
United States District Court Cites Noble in Considering Subsequent Events
Court permits taxpayer to introduce subsequent events to the extent that they are relevant to establishing the amounts that a hypothetical, willing buyer and seller would have paid for a closely held private company on the valuation date.
Expert Event Study ‘Almost Obligatory’ in Securities Fraud Litigation
Expert regression analysis and event study survives motion for summary judgment on plaintiff’s securities fraud claims, having proved sufficient causal links between defendants’ alleged misrepresentations regarding liquidity crisis and eventual stock declines.
‘Fatal Flaw’ in Securities Litigation Is Lack of Expert Loss Causation Evidence
10th Circuit confirms summary dismissal of securities litigation for lack of reliable expert evidence showing a direct causal link between the parent company’s alleged fraud and the subsidiary’s (a telecom company) substantial loss of market value.
Alan Baer Revocable Trust v. U.S.
Court permits taxpayer to introduce subsequent events to the extent that they are relevant to establishing the amounts that a hypothetical, willing buyer and seller would have paid for a closely held private company on the valuation date.
In re Vivendi Universal, S.A. Securities Litigation
Expert regression analysis and event study survives motion for summary judgment on plaintiff’s securities fraud claims, having proved sufficient causal links between defendants’ alleged misrepresentations re: liquidity crisis and eventual stock declines.
In re Williams Securities Litigation
Tenth Circuit confirms summary dismissal of securities litigation for lack of reliable expert evidence showing a direct causal link between the parent company’s alleged fraud and the subsidiary’s (a telecom company) substantial loss of market value.
MCI WorldCom Network Servs. v. Mastec, Inc.
In this case the Florida Supreme Court, ruling on certified questions from the Eleventh Circuit, held that under Florida Law a party cannot rely on rental costs for a compromised service if the party did not actually have to rent replacement equipment.
Effective Event Study Moves Securities Litigation Forward
Expert’s market event study helps support loss causation claims and class certification in larger securities litigation.
In re Flag Telecom Holdings, Ltd. Securities Litigation
Expert’s market event study helps support loss causation claims and class certification in larger securities litigation.
Analyst Convinces Court to Reject Stock Value as 'Fair'
Analyst argues that Bankruptcy Court should disregard publicly traded stock value to assess whether telecom company was insolvent 18 months before bankruptcy filing.
In re Winstar Communication, Inc.
Analyst argues that Bankruptcy Court should disregard publicly-traded stock value to assess whether telecom company was insolvent eighteen months before bankruptcy filing.
Collateral Appraisal and Disposition Upheld Without Sale
Anderson defaulted on the note, and Burns prepared to sell the stock pursuant to the pledge agreement.
Valuation models are ‘opinion’ not ‘fact;’ appraiser need not disclose others’ valuations
In this securities fraud action, the issue was whether research analyst reports disseminated by Jack Grubman and Salomon Smith Barney (SSB) were materially false and misleading.
Higher book value selected as proper value
The issue in this marital dissolution was the value of Walnut Telephone Company stock owned by husband.