Rolls-Royce PLC v. United Technologies Corp.
Federal court strikes substantial portions of lost profits, reasonably royalty evidence for “egregious overreaching” by patent infringement plaintiff and damages expert.
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.
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.
Dana Corp. v. Microtherm, Inc.
Court finds evidence of indivisible lost profits damages insufficient when law specifically requires a separate breakdown of damages caused by each defendant in breach of contract case.
‘Flawed’ Reasonable Royalty Analysis Forces Court to Average the Experts
Court finds flaws with reasonable royalty rate calculations.
Rosco Inc. v. Mirror Lite Company
Court finds flaws with reasonable royalty rate calculations ...
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 ...
Trademark Claims Include Reasonable Royalty and Disgorgement of Profits
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Bellagio Jewelry, Inc. v. Croton Watch Company, Inc.
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
Court Questions Expert’s Objectivity, Methodology in Reasonable Royalty Valuation
Expert's methodology, credentials, called into question in reasonable royalty valuation.
Michael Bowling v. Hasbro, Inc.
Expert's methodology, credentials, called into question in reasonable royalty valuation.
Steve J. Rooney v. Skeet'r Beat'r of Southwest Florida, Inc., et al.
The Florida Court of Appeal, Second District reversed a lower court’s award of lost profits in this trademark infringement action because the lost profits calculation failed to consider factors other than the wrongful acts that may have lead to a decline ...
Ericsson, Inc. v. Harris Corp.
The U.S. Court of Federal Appeals affirmed an award of lost profits for patent infringement and price erosion. It found that the award was established by testimony from a CPA who established the markets using sound economic evidence, even though it was ba ...