Chico’s Fas, Inc. v. Clair
Court excludes most of damages testimony under Daubert because expert based reasonable royalty calculation on data from IP databases and publications without subjecting information to rigorous analysis and establishing its relevance to case at hand.
Apple, Inc. v. Samsung Electronics Co. (V)
Federal Circuit rejects Samsung’s call for apportioning damages related to design patent infringement, saying the proposed treatment would conflict with the express language of the applicable statute; court upholds most of $1 billion award to Apple.
AstraZeneca AB v. Apotex Corp.
Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.
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.
Inexact Apportionment Invalidates Expert’s Royalty Calculation
Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...
Rembrandt Social Media, LP v. Facebook
Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...
Community Deserves Profits From Separate Business Investment
Appellate court affirms trial court’s decision to apportion most of the stock sale proceeds the husband reaped during marriage in connection with a company he set up before marriage to the community under Pereira, finding that during marriage, he became t ...
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 ...
Goldfarb v. Yelton
Appellate court affirms trial court’s decision to apportion most of the stock sale proceeds the husband reaped during marriage in connection with a company he set up before marriage to the community under Pereira, finding that during marriage, he became t ...
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 ...