Apple, Inc. v. Samsung Electronics Co. (IV)
Based on prior ruling requiring that analysis of off-the-market lost profits consider potential design-arounds as of the date of first infringement rather than the notice, court rejects Samsung’s pretrial motion to preclude calculation of Apple’s expert.
Sloan Valve Company v. Zurn Industries, Inc.
Court excludes royalty analysis veering from “classic way” in that expert used number of infringing products, not revenue, as royalty base and dollar amount, not percentage of the revenue, as royalty rate.
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.
Apple Fails in Last-Ditch Effort to Offer Nonexpert Lost Profits Theory
District court grants Samsung’s emergency motion to preclude Apple from introducing a lost profits theory for several patents that runs counter to the Panduit-based damages model its own experts had developed, calling the new, non-expert alternative theor ...
Expert’s ‘Dollar-for-Dollar’ Damages Theory Short of Factual Support
In a patent case, in a pretrial ruling, the court finds the plaintiff cannot claim direct harm for lost revenues its foreign subsidiary sustained because of the defendants’ infringement by relying on expert testimony that equated the value of the injury d ...
Daubert Tolerates Impeachable Aspects of Expert Testimony
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
Invocation of EMVR Subject to Higher Degree of Proof
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 ...
Apple, Inc. v. Samsung Electronics Co. (III)
District court grants Samsung’s emergency motion to preclude Apple from introducing a lost profits theory for several patents that runs counter to the Panduit-based damages model its own experts had developed, calling the new, non-expert alternative theor ...
Personalized Media Communications, LLC v. Zynga, Inc.
Court denies defendant’s Daubert motion finding plaintiff expert determined royalty base consistent with plaintiff’s infringement theory that defendant’s entire product infringed and the product was not functional without the patented technology.
May Expert Offer Plaintiff’s Loss Calculation as His Own?
In Daubert challenge, court finds expert testimony that validates, without any independent analysis, potential loss projections created by plaintiff’s executives is irrelevant and unreliable; the expert failed to examine the underlying assumptions and any ...
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 ...
What ‘FMV’? Bankruptcy Court Restricts Car Dealer’s Damages
Bankruptcy court finds car dealer’s claim for fair market value of its franchise based on state law dealer statute is invalid under Bankruptcy Code; expert testimony only supports past lost profit damages for cars and parts and accessories in stock at tim ...
Volterra Semiconductor Corp. v. Primarion, Inc.
In a patent case, in a pretrial ruling, the court finds the plaintiff cannot claim direct harm for lost revenues its foreign subsidiary sustained because of the defendants’ infringement by relying on expert testimony that equated the value of the injury d ...
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 ...
Federal Circuit Chides Defendants for ‘Improper’ Admissibility Challenge
Federal Circuit affirms lost profits and royalty award finding defendants raised questions of admissibility of plaintiff expert testimony in the “improper context” because these are Daubert issues; also plaintiffs’ lost profits theory meets Panduit requir ...
One Expert’s Bad Data Undermine Another’s Damages Calculation
Fourth Circuit strikes down as “unsupportable” a $4 million lost profits award in a defamation suit; plaintiff’s first expert, a marketing professor, presented inadmissible growth projections that “ignore business realities”; as they formed the basis for ...
Federal Circuit Affirms $95 Million Patent Award Based on Price Erosion Theory
Federal Circuit finds jury’s lost profits and reasonable royalty award based on plaintiffs’ price erosion theory is not excessive; sufficient evidence supported expert’s “but for” damages model calculating prices two to three times as much as the prices t ...
Marine Travelift, Inc. v. Marine Lift Systems, Inc.
In Daubert challenge, court finds expert testimony that validates, without any independent analysis, potential loss projections created by plaintiff’s executives is irrelevant and unreliable; the expert failed to examine the underlying assumptions and any ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc.
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
In re: American Suzuki Motor Corporation
Bankruptcy court finds car dealer’s claim for fair market value of its franchise based on state law dealer statute is invalid under Bankruptcy Code; expert testimony only supports past lost profit damages for cars and parts and accessories in stock at tim ...
MyGallons LLC v. U.S. Bankcorp
Fourth Circuit strikes down as “unsupportable” a $4 million lost profits award in a defamation suit; plaintiff’s first expert, a marketing professor, presented inadmissible growth projections that “ignore business realities”; as they formed the basis for ...