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 ...
SynQor, Inc. v. Artesyn Technologies, Inc. (III)
Federal Circuit finds jury’s lost profits and reasonable royalty award based on plaintiffs’ price erosion theory is not excessive; sufficient evidence supported expert’s “but for” damages model calculating prices two to three times as much as the prices t ...
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.
Damages Expert Can Assume But Not Opine as to Market Share
Federal court permits damages expert to assume the plaintiff’s 50% market share in calculating lost profits, based on information from a technical expert, but disallows him from offering an opinion that the plaintiff in fact held a 50% share, for lack of ...
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 ...
In re Novatel Wireless Securities Litigation
District court finds expert’s damages calculation in securities case is not unreliable simply because it incorporates inflated purchase; expert also performed an event study and regression analysis to assess the effect of misrepresentation on inflated pri ...
Federal Circuit Restricts Patent Damages to ‘Smallest Salable Infringing Unit’
Federal Circuit requires the apportionment analysis for patent infringement claims to focus on the “smallest saleable unit.”
Flawed Expert Opinion Drastically Diminishes Plaintiff’s Lost Profits
Bankruptcy court substantially reduces plaintiff’s damages claim based largely on expert’s failure to independently verify assumptions regarding defendant’s alleged theft of trade secrets on lost profits and lost sales.
Is Valuation Expert Allowed to Derive Key Rates for Real Property Appraisal?
To value a company that owns real property, business appraisers frequently rely on third-party appraisals by presumably qualified experts. In a recent twist, in this case, the real estate appraiser relied on components of value, including occupancy and m ...
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.
Damages Expert May Only Assume Facts in Evidence
Court strikes expert’s “lost asset value” theory of damages for trademark infringement because it relied entirely on the plaintiff’s allegations that it lost all of its goodwill value due to the defendants’ actions, without adequate proof.
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.
LaserDynamics, Inc. v. Quanta Computer, Inc. (V)
Federal Circuit requires the apportionment analysis for patent infringement claims to focus on the “smallest saleable unit.”
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 (I)
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 (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 ...
In re Jonatzke
Bankruptcy court substantially reduces plaintiff’s damages claim based largely on expert’s failure to independently verify assumptions regarding defendant’s alleged theft of trade secrets on lost profits and lost sales.
Illinois Tool Works, Inc. v. MOC Products Co., Inc.
Federal court permits damages expert to assume the plaintiff’s 50% market share in calculating lost profits, based on information from a technical expert, but disallows him from offering an opinion that the plaintiff in fact held a 50% share, for lack of ...
Sugar Hill, LLC v. United States
To value a company that owns real property, business appraisers frequently rely on third-party appraisals by presumably qualified experts. In a recent twist, in this case, the real estate appraiser relied on components of value, including occupancy and ma ...
Google Experts Also Err and Try to Add New Approaches
Federal district court strikes portions of supplemental reports submitted by defendant’s rebuttal witnesses, in part because the patent expert’s failed to analyze predecessors to the patents in suit and the copyright expert applied new methodologies.
Oracle Expert Makes Final, Flawed Attempt to Apportion Damages
Federal district court strikes portions of plaintiff’s expert’s third and final damages report under Daubert, including the “upper bound” value of his apportionment analysis, his determination of market share based on consumer surveys, and his “independen ...
Basile Baumann Prost Cole & Assoc. v. BBP & Assoc. LLC
Court strikes expert’s “lost asset value” theory of damages for trademark infringement because it relied entirely on the plaintiff’s allegations that it lost all of its goodwill value due to the defendants’ actions, without adequate proof.
Federal Court Strikes Portions of Its Own Expert’s Report
Last year, when a federal district judge (William Alsup) couldn’t convince the parties to select (and pay for) an independent expert, he enlisted the court’s powers under Rule 706 FRE to appoint an economics professor to calculate damages.