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 ...
Trademark Damages Not Contingent on Established Royalty
District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...
Personalized Media Communications, LLC v. Zynga, Inc.
Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.
May Expert Offer Plaintiff’s Loss Calculation as His Own?
In Daubert challenge, court finds expert testimony that validates, without any independent analysis, potential loss projections created by plaintiff’s executives is irrelevant and unreliable; the expert failed to examine the underlying assumptions and any ...
Manpower, Inc. v. Insurance Co. of Pennsylvania (III)
Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...
Court Upbraids Expert Who Discusses Subject Outside Area of Expertise
Under Daubert, federal court curtails trial testimony of defendant’s expert finding he lacked the appropriate qualifications; in a case centering on collateralized debt obligations (CDOs), his financial economics expertise is not even “sufficiently proxim ...
Expert’s ‘Invocation’ of Income Approach Does Not Save Valuation
Court says federal law, that is Daubert, controls admissibility of expert testimony in federal court and rejects defendants’ claim that expert was unqualified under state law; but it finds the opinion inadmissible because it resulted from an approach that ...
Volterra Semiconductor Corp. v. Primarion, Inc.
In a patent case, in a pretrial ruling, the court finds the plaintiff cannot claim direct harm for lost revenues its foreign subsidiary sustained because of the defendants’ infringement by relying on expert testimony that equated the value of the injury d ...
Can Defendant Disclaim Its Own Projections to Undo Expert’s Valuation?
Appeals court strikes down $28.2 million award to minority owner finding expert’s determination of the present value of the owner’s interest in income-producing properties relied on majority owner’s unreliable internal projections; although a party’s effo ...
Federal Circuit Chides Defendants for ‘Improper’ Admissibility Challenge
Federal Circuit affirms lost profits and royalty award finding defendants raised questions of admissibility of plaintiff expert testimony in the “improper context” because these are Daubert issues; also plaintiffs’ lost profits theory meets Panduit requir ...
One Expert’s Bad Data Undermine Another’s Damages Calculation
Fourth Circuit strikes down as “unsupportable” a $4 million lost profits award in a defamation suit; plaintiff’s first expert, a marketing professor, presented inadmissible growth projections that “ignore business realities”; as they formed the basis for ...
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 ...
Dynetix Design Solutions, Inc. v. Synopsis, Inc.
District court finds expert’s royalty analysis is fatally defective as to the base and rate; expert improperly presumed that using smallest salable unit featuring the patented part ended rate analysis even though that feature was not closely tied to defen ...
Info-Hold, Inc. v. Muzak LLC
District court disqualifies proffered expert under all the Daubert factors, finding he lacked any understanding of patent cases and the dominant legal principles; he applied the discredited 25% rule of thumb and the entire market value rule, failed to pro ...
ITT Corp. v. Xylem Group, LLC
District court dismisses plaintiffs’ overarching claim that a reasonable royalty was not an allowable damage theory in a trademark case, as well as its narrower claim that a royalty was available only to the plaintiff that could point to an established ro ...
Marine Travelift, Inc. v. Marine Lift Systems, Inc.
In Daubert challenge, court finds expert testimony that validates, without any independent analysis, potential loss projections created by plaintiff’s executives is irrelevant and unreliable; the expert failed to examine the underlying assumptions and any ...
Metamining, Inc. v. Barnette
Court says federal law, that is Daubert, controls admissibility of expert testimony in federal court and rejects defendants’ claim that expert was unqualified under state law; but it finds the opinion inadmissible because it resulted from an approach that ...