Aqua Shield v. Inter Pool Cover Team
Federal Circuit finds district court erred when it considered infringer’s actual profits a royalty cap instead of doing a hypothetical inquiry into what parties would have anticipated and ordered court to consider evidence of gross profits on remand.
‘Stand-Alone’ Lost Profits Claim Sinks, as Does Expert Opinion
In lost licensing opportunity suit, court excludes damages opinion where expert failed to vet assumptions in plaintiff’s business plan; issue is to determine market value of loss not lost profits as such.
Mosaid Technologies Inc. v. LSI Corp.
In lost licensing opportunity suit, court excludes damages opinion where expert failed to vet assumptions in plaintiff’s business plan; issue is to determine market value of loss not lost profits as such.