Does Panduit Lost Profits Theory Require Apportionment?
On retrial, court finds EMVR is not necessary to present a viable lost profits theory and denies defendants’ motion to exclude plaintiffs’ damages evidence based on prior ruling that they had failed to show evidence to support an entire market value rule ...
Electro-Mechanical Corp. v. Power Distribution Products, Inc.
In ruling on defendants’ post-trial motion, district court finds plaintiff’s expert improperly invoked the entire market value rule (EMVR) in calculating lost profits because customers did not decide to buy a system containing the patented device simply 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 ...
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 ...
Enzo Biochem, Inc. v. Applera Corp.
District court denies both parties’ motions for new trial, finding an award for “induced infringement” would be based on the very act of infringement that underlies the award for direct infringement and would be double dipping; also since the patented tec ...
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 ...
Brocade Communications Systems, Inc. v. A10 Networks, Inc. (II)
On retrial, court finds EMVR is not necessary to present a viable lost profits theory and denies defendants’ motion to exclude plaintiffs’ damages evidence based on prior ruling that they had failed to show evidence to support an entire market value rule ...
Careful Market Model Plus Clever Trial Tactic Secures $345 Million Damages
Court upholds $345 million lost profits/reasonable royalty award for patented software infringement based on careful market reconstruction and calculations by plaintiff’s team of four experts.
Expert Must Apportion Patent Damages Under Entire Market Value Rule
Federal district court precludes expert’s patent infringement damages under Uniloc standard for failing: (1) to establish the patented software as the basis for consumer demand of Microsoft Outlook; or (2) specifically apportioning damages between the paten ...
Versata Software, Inc. v. SAP America, Inc. (I)
Court upholds $345 million lost profits/reasonable royalty award for patented software infringement based on careful market reconstruction and calculations by plaintiff's team of four experts.
Lucent Technologies, Inc. v. Microsoft Corp. (III)
Federal district court precludes expert’s patent infringement damages under Uniloc standard for failing 1) to establish the patented software as the basis for consumer demand of Microsoft Outlook; or, 2) specifically apportioning damages between the paten ...
Mondis Technology, Ltd. v. LG Electronics, Inc.
Federal district court permits patent damages expert to base running royalty calculations on market value of accused products, when “economic justification” supported application of entire market value rule.
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.
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.
Cornell University v. Hewlett-Packard Co.
District court sets forth three-part test to justify the use of the entire market value rule in the context of a reasonable royalty; it includes a showing from the plaintiff that the infringing components represent the basis for customer demand for the en ...