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Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

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.

Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

Federal Circuit rejects challenge to lost profits award; patentee showed entitlement to lost profits from whole product by satisfying Panduit; although infringing product had multiple components, further apportionment in this case was not necessary.

Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

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.

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.

Mentor Graphics Corp. v. EVE-USA, Inc. (I)

Federal Circuit rejects challenge to lost profits award; patentee showed entitlement to lost profits from whole product by satisfying Panduit; although infringing product had multiple components, further apportionment in this case was not necessary.

Infringer’s Call for Apportionment of Lost Profits Goes Unheeded

Federal Circuit rejects challenge to lost profits award; patentee showed entitlement to lost profits from whole product by satisfying Panduit; although infringing product had multiple components, further apportionment in this case was not necessary.

Pivotal Ruling on Damage Calculation for SEP Infringement

In dispute over infringement of standard-essential patent (SEP), Federal Circuit holds royalty must be apportioned to the value of the patented feature and must exclude any added value to the patented feature from standard’s widespread adoption.

Expert Rebuttal Fails to Engage With Initial Valuation

Court excludes so-called rebuttal report where expert failed to review the initial expert report but instead contradicted the opposing party’s main contention; proponent’s attempt to append report to proper rebuttal valuation testimony is “gamesmanship.”

Clear-View Technologies, Inc. v. Rasnick (II)

Court excludes so-called rebuttal report where expert failed to review the initial expert report but instead contradicted the opposing party’s main contention; proponent’s attempt to append report to proper rebuttal valuation testimony is “gamesmanship.”

Clear-View Technologies, Inc. v. Rasnick (I)

Court excludes so-called rebuttal report where expert failed to review the initial expert report but instead contradicted the opposing party’s main contention; proponent’s attempt to append report to proper rebuttal valuation testimony is “gamesmanship.”

Ericsson, Inc. v. D-Link Corp. (II)

In dispute over infringement of standard-essential patent (SEP), Federal Circuit holds royalty must be apportioned to the value of the patented feature and must exclude any added value to the patented feature from standard’s widespread adoption.

‘Blurred’ Solvency Analysis Diminishes Expert’s Credibility

Bankruptcy court finds expert’s analysis “blurred the line” between going concern and liquidation value, detracting from opinion’s credibility; but court approves of expert’s “precise” time frame for capturing data with which to determine solvency.

Stadtmueller v. Fitzgerald (In re Epic Cycle Interactive, Inc.)

Bankruptcy court finds expert’s analysis “blurred the line” between going concern and liquidation value, detracting from opinion’s credibility; but court approves of expert’s “precise” time frame for capturing data with which to determine solvency.

Prior Standards Licenses Reflect Asserted Patents’ ‘Real-World’ Valuation

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 ...

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 ...

Ibbotson-Derived Discount Rate Subject to Daubert

Court disallows expert theory of “lost opportunity cost” damages for breach of contract, but admits his “standard” lost profits analysis, including reliance on agreed-upon forecasts and an Ibbotson-derived the discount rate.

System Development Integration, LLC v. Computer Sciences Corp.

Court disallows expert theory of “lost opportunity cost” damages for breach of contract, but admits his “standard” lost profits analysis, including reliance on agreed-upon forecasts and an Ibbotson-derived the discount rate.

AccuWeb v. Foley & Lardner

IT company unable to prove economic damages from lapsed patent with “reasonable certainty.”

Another Divorce Client Who Should Have Retained a Valuator

A divorce client who fails to obtain a valuation of a marital asset “has only herself to blame.”

Kojovic v. Goldman

A divorce client who fails to obtain a valuation of a marital asset “has only herself to blame.”

Lost Profits Must Be Based on Net Profits, Not Gross Profits

The California Court of Appeals, Fourth District, affirmed a lower court’s grant of a motion for a new trial on damages where it determined that the lost profits were computed using the wrong measure of damages because they were calculated using gross pro ...

Consulting Company’s Lost Profits Speculative When Based on Potential Earnings of an At-Will Employee

The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.

Blase Industries Corporation v. Anorad Corporation

The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.

Marc Z. Edell v. Paula Edell

The New Jersey Superior Court, Appellate Division affirmed the valuation of a law practice and the formula for determining the amount of the marital portion of contingency fee awards. The law firm was valued using an asset based approach, exclusive of goodwill.

Contingency Fee Formula and Law Firm Valuation Considered

The New Jersey Superior Court, Appellate Division affirmed the valuation of a law practice and the formula for determining the amount of the marital portion of contingency fee awards.

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