Mirror Worlds, LLC v. Apple, Inc.
Federal district court tosses out a $208 million jury award for lack of sufficient evidence proving patent infringement and for lack of legally justified damages, including improper reliance on entire market value of accused products.
Flowers Bakeries Brand, Inc. v. Interstate Bakeries Corp.
Federal court admits reasonable royalty rates based on past licensing agreements, but bars lost profits evidence that fails to account for market factors that could have caused the loss.
Mattel, Inc. v. MGA Entertainment
Federal district court strikes portions of expert copyright infringement damages that apply the ex post Georgia-Pacific reasonable royalty calculations, because federal law requires ex ante approach.
Enpat, Inc. v. Budnic
Federal court denies plaintiff’s request to prorate past patent infringement damages from actual prior licenses without additional evidence that the parties’ would have used a similar proration during hypothetical negotiations.
Columbia Park Golf Course, Inc. v. City of Kennewick
Court of Appeals approves lost asset value for breach of contract to negotiate, noting fewer problems of proof than lost profits values, but opinion subject to dissent.
Victory Records, Inc. v. Virgin Records America, Inc.
Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.
First-Time Lost Profits Expert Challenged for Using Ibbotson Multiples
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
Lack of Due Diligence and Industry Experience Lead to Loss of $4 Million in Damages
Expert’s lost profits analysis fails for lack of industry experience, objective analysis, or data.
The Citrilite Co. v. Cott Beverages, Inc.
Court upholds regression analysis of cumulative data sets under Daubert but strikes portions of expert’s damages calculations that project lost profits beyond stated contract term.
LaserDynamics, Inc. v. Quanta Computer, Inc. (IV)
Federal court excludes defendant’s damages expert under Daubert for offering an opinion regarding available, non-infringing alternatives to the patents in suit without providing any facts supporting whether such alternatives in fact existed and whether th ...
LaserDynamics, Inc. v. Quanta Computer, Inc. (III)
Federal law does not bar the admission of reasonable royalty agreements when the patentee seeks a lump sum payout.
Insignia Systems, Inc. v. News America Marketing In-Store, Inc.
Federal district court denies Daubert challenge to plaintiff’s lost profits expert, finding his reliance on optimistic management projections and comparable companies were better suited for cross-examination rather than exclusion.
LaserDynamics, Inc. v. Quanta Computer, Inc. (II)
Federal court excludes expert’s royalty rate under Daubert for relying on entire market value rule without credible economic foundation and for relying on non-comparable licenses as well as nonspecific, overly broad industry survey.
Total Clean, LLC v. Cox Smith Matthews, Inc.
Comprehensive research and analysis lend credibility to financial expert’s calculations for over $8 million lost profits and lost goodwill for restaurant.
Metro Tech Corp. v. TUV Rheinland of N.A.
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
Mississippi High Court Rejects Earnings Capacity Approach
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Rebelwood Apts. RP, LP v. English
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc.
Federal Circuit rejects patent damages award based on 13 actual licenses for the patents in suit for failing to support jury’s lump-sum award.
LaserDynamics, Inc. v. Quanta Computer, Inc. (I)
Federal district court finds $52 million damages award for patent infringement excessive, based largely on improper allocation of the entire market value rule by the plaintiff’s expert.
IP Innovation LLC v. Red Hat, Inc.
Court strikes expert’s use of entire market value rule in calculating reasonable royalty damages for a patented invention that is but “one of a thousand” features in the accused system.
Electronic Funds Solution, LLC v. Murphy
Because the defendants’ “stole” the plaintiff’s start-up company, the Court upholds a $10 million lost profits damages based on using the defendants’ profits and financial data as a surrogate.
Expert Calculates Lost Profits Through 25-Year Contract Term
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Medical Staffing Network, Inc. v. Ridgeway
Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.
Managements’ Projected Lost Profits Calculations Withstand Appeal
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.