Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc.
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
Securities and Exchange Commission v. Tourre
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 ...
MyGallons LLC v. U.S. Bankcorp
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 ...
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 ...
Citrin Holdings, LLC v. Minnis
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 ...
Versata Software, Inc. v. SAP America, Inc. (II)
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 ...
Lack of License Negotiation Experience Does Not Disqualify Expert
District court finds plaintiff’s expert qualified to testify to reasonable royalty calculation under Third Circuit’s liberal interpretation of Daubert despite lack of actual experience negotiating patent licenses; a hypothetical negotiation has no applica ...
Expert’s Unconventional Method to Forecast Lost Profits Satisfies Daubert
Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.
In Billion-Dollar IP Case, Expert’s Mention of Total Revenue Does Not Violate Uniloc
District court rejects defendants’ Daubert challenge finding plaintiff’s expert’s reference to total revenue was legitimate starting point of apportionment analysis and did not amount to use of Entire Market Value Rule.
Carnegie Mellon University v. Marvell Technology Group (IV)
District court finds plaintiff’s expert qualified to testify to reasonable royalty calculation under Third Circuit’s liberal interpretation of Daubert despite lack of actual experience negotiating patent licenses; a hypothetical negotiation has no applica ...
Carnegie Mellon University v. Marvell Technology Group (III)
District court denies defendants’ pretrial motion claiming expert failed to consider non-infringing alternatives in her apportionment analysis and affirms Daubert ruling in favor of plaintiff.
RMD, LLC v. Nitto Americas, Inc.
Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.
Cost Method Passes First Daubert Hurdle in Lost Profits for Startup
Court admits expert’s calculations of lost profits under the cost method, finding the method not “optimal” but nevertheless reliable under the Daubert standard given the start-up nature of the business.
Rebuttal Expert May Be Redundant in Offering Only a Critique
Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...
Carnegie Mellon University v. Marvell Technology Group (II)
District court rejects plaintiff’s Daubert challenge finding defendants’ expert may “inaugurate” reasonable royalty analysis by referring to plaintiff’s existing licenses; however, licenses did not demonstrate an established royalty considering their lack ...
Icare-EMS, Inc. v. Rural Metro Corp.
Court admits expert’s calculations of lost profits under the cost method, finding the method not “optimal” but nevertheless reliable under the Daubert standard given the start-up nature of the business.
B-K Cypress Log Homes v. Auto-Owners Insurance Company
Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...