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Conservative Assumptions Help Support Expert’s Lost Profits Calculations

Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.

Reasonable vs. Mathematical Certainty in Statutory Interest Awards

Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.

IP Valuation Fails to Follow Accepted BV Guidelines in Shareholder Derivative Suit

Court excludes IP valuation evidence under the new business rule but grants new trial because defendants failed to make a sufficient objection during the original proceedings.

Ice Corp. v. Hamilton Sundstrand Corp.

Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.

ClearOne Communications v. Chiang

Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.

Cement-Lock v. Gas Technology Institute

Court excludes IP valuation evidence under the new business rule, but grants new trial because defendants failed to make a sufficient objection during the original proceedings.

Conservative Growth Estimates Help to Sustain Damages Award

Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.

Buyer’s Projections Used to Value Asset From Seller’s Perspective

In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.

Expert Calculates Lost Profits Through 25-Year Contract Term

Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.

Russo v. Ballard Medical Products

Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.

Nano-Proprietary Inc. v. Canon

In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.

Thornton v. J Jargon Co.

This is a copyright case which addresses what is needed to calculate lost profits, provides an overview of what is necessary to prove a copyright violation, and provides analysis, including Daubert, of what is required to obtain lost profits based on infr ...

Good News on FLP and LLC Planning—Appraisals Have Value!

Tax court upholds near-death transfers of family limited partnership.

Estate of Mirowski v. Commissioner

Tax court upholds near-death transfers of family limited partnership.

Lost Profits of S Corporation Recoverable as Lost Earning Capacity in Personal Injury Action

The Indiana Court of Appeals determined that the trial court may permit the recovery of lost profits from an S corporation as lost earnings capacity damages resulting from the injuries its sole shareholder and prime mover experienced in an automobile accident.

The Three Boys Music Corporation v. Michael Bolton, et al.

The Ninth Circuit Court of Appeals affirmed the district court's determination of the amount of damages due in this copyright infringement action. It agreed with the lower court that income taxes were deductible from the award of profits if the infringer ...

Polaroid Corp. v. Eastman Kodak Co.

Lengthy litigation concerning defendant’s alleged infringement of plaintiff’s patent, including consideration of taxable consequences in award of pre-judgment interest. plaintiff would have had to pay, absent the defendant’s violation.

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