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Sipko v. Koger, Inc.

Sipko v. Koger, Inc. 2022 N.J. LEXIS 557 US New Jersey State Court Supreme Court Hubert Klein; Martin Schmidt Pierre-Louis; Rabner; Solomon; Albin; Fluentes 7373 Computer Integrated Systems Design 541512 Computer Systems Design Services ...

The Supreme Court of New Jersey Accepts Trial Court’s Value of Companies and Denies a Marketability Discount in a ContentiousBuyout Dispute

The Supreme Court of New Jersey, in its second attempt to resolve this long-running shareholder dispute, a “thoroughly chewed apple”, and buyout, reversed the appellate court and remanded the case to the trial court for reinstatement of its valuation of the shareholder’s interest in two businesses and also agreed with the trial court that no marketability discount should be allowed to reduce the amount to be awarded to the plaintiff. The defendants chose not to call their own expert to provide an opinion of the fair value of the shareholder’s interests.

Cont'l Investors Fund LLC v. TradingScreen Inc.

The defendant did not breach its redemption agreement because a committee of directors, “properly engaged in the judgment-laden task of determining the amount of funds that the company could use for redemptions … [and] determined that using a greater amount of cash to redeem more shares threatened the company's ability to continue as a going concern.” As a result, interest on the asserted obligation back to 2013 was not allowed at 13%, the amount per the agreement.

Company Did Not Breach Its Redemption Agreement Because of Diligence of Directors

The defendant did not breach its redemption agreement because a committee of directors, “properly engaged in the judgment-laden task of determining the amount of funds that the company could use for redemptions … [and] determined that using a greater amount of cash to redeem more shares threatened the company's ability to continue as a going concern.” As a result, interest on the asserted obligation back to 2013 was not allowed at 13%, the amount per the agreement.

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 ...

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