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Patent Royalty Damages – What’s the Approach?

Royalty damages are one of the two primary types of patent infringement damages; which represent the majority of patent damages awarded and are a part of most patent damages cases. Experts John L Abramic and Richard F. Bero present a structured approach to addressing key royalty damages components. Drawing on the extensive patent damages and litigation experience of our presenters, the presentation covers royalty damages fundamentals, navigates patent damages case law, and provides insightful concepts ...

BV News and Trends October 2021

A monthly roundup of key developments of interest to business valuation experts.

Prince estate valuation featured on latest AICPA podcast

In the shadow of the recent court decision in the Michael Jackson estate valuation dispute, the estate of pop star Prince is currently locked in a fierce estate and gift tax dispute.

Economic Damages From Design Patent Infringements

The authors discuss the challenges of determining lost profits for design patent infringement. This is an excerpt from The Comprehensive Guide to Economic Damages, 6th edition.

Insights from the inaugural National Economic Damages Virtual Conference

Attorneys and financial experts joined forces for the first-ever National Economic Damages Virtual Conference to discuss intellectual property damages, COVID-19 damages, forensic evidence, and the ins and outs of appearing in court.

Today! Inaugural National Economic Damages Virtual Conference

Attorneys and financial experts join forces for the first-ever National Economic Damages Virtual Conference, a two-day event that starts today, May 26.

Leading damages guide spawns two-day virtual conference May 26-27

Compelling topics direct from the pages of BVR’s Guide to Economic Damages will come to life during the first National Economic Damages Virtual Conference on May 26-27.

National Economic Damages Virtual Conference debuts May 26-27

A mix of damages experts and attorneys will come together to present the very first virtual conference on the preparation and litigation of economic damages cases.

BVU News and Trends March 2021

A monthly roundup of key developments of interest to business valuation experts.

Monetary Remedies in Trademark Infringement Litigation

Remedies in the Lanham Act are used to punish wrongdoers in trademark infringement litigation, but courts applying that law have dealt differently with some key issues, especially monetary remedies. This article outlines some such problems and how the courts have dealt with them.

Fingertip guides to valuation cases in new BVR compendium guides

BVR’s valuation and case law compendium guides contain a very helpful feature: a handy summary table of hundreds of cases (by jurisdiction) that gives you the case name, date, specific court, and the main valuation issue in the case.

Patent Infringement Case Provides Judge With a Plethora of Daubert Challenges to Rule on

In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.

Shire ViroPharma Inc. v. CSL Behring LLC

In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.

BVU News and Trends February 2021

A monthly roundup of key developments of interest to business valuation experts.

Prince estate and IRS embroiled in fierce valuation dispute

A recent article in the Star Tribune says the executor of the estate of Prince, the late world-famous rock star, and the Internal Revenue Service are currently locked in a fierce estate and gift tax dispute.

Revised resource for IP valuation insights and case law

New chapters and over 200 case digests—plus online access to the full text opinions—are available in BVR’s Intellectual Property Valuation Case Law Compendium, 4th edition.

BVU News and Trends December 2020

A monthly roundup of key developments of interest to business valuation experts.

New edition of landmark damages guide now available

The 6th edition of the Comprehensive Guide to Economic Damages has just been released.

Alleged reveal of secret KFC recipe points up valuation question

Ever wonder what those secret 11 herbs and spices are in KFC’s original recipe fried chicken?

Supreme Court rules on willfulness requirement to obtain infringer’s profits

In a trademark infringement case that turned on whether the plaintiff had to show willful infringement by the defendant to obtain the infringer’s profits, a unanimous U.S. Supreme Court recently answered no.

Plaintiff Fails Panduit Test Where Lost Profits Analysis Includes ‘Far More’ Than Value of Patents

In infringement case, court rejects plaintiff expert’s lost profits and reasonable royalty analyses, noting both rely on supply agreements covering more than the value of the patents; plaintiff fails Panduit test but is entitled to reasonable royalty based on opposing expert’s calculation.

Sunoco Partnership Mktg. & Terminals L.P. v. U.S. Venture, Inc.

In infringement case, court rejects plaintiff expert’s lost profits and reasonable royalty analyses, noting both rely on supply agreements covering more than the value of the patents; plaintiff fails Panduit test but is entitled to reasonable royalty based on opposing expert’s calculation.

Supreme Court reviews damages issue in trademark infringement case

The U.S. Supreme Court is about to hear arguments in a trademark infringement case that turns on whether the plaintiff, in order to obtain the infringer’s profits, has to show willful infringement by the defendant.

Court Limits Damages for Copyright Infringement, Noting Lack of ‘Causal Nexus’

Ruling on defendant’s post-trial motions, court reduces damages for copyright infringement where plaintiff’s expert included in damage calculation defendant’s profits for years for which the plaintiff failed to show “causal nexus” between profits claimed and the actual infringement.

Infogroup, Inc. v. Database USA.com LLC

Ruling on defendant’s post-trial motions, court reduces damages for copyright infringement where plaintiff’s expert included in damage calculation defendant’s profits for years for which the plaintiff failed to show “causal nexus” between profits claimed and the actual infringement.

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