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.
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.
B.S.S.B. Inc. v. Owners Insurance Co.
Insured must provide reasonably certain proof of business interruption losses (lost profits) within time it could have made reasonable repairs.
Sossikian v. Ennis
Defendant puts financial expert to credible use in disproving plaintiff’s request for damages in breach of contract case.
Electronic Funds Solution, LLC v. Murphy
Because the defendants’ “stole” the plaintiff’s start-up company, the Court upholds a $10 million lost profits damages based on using the defendants’ profits and financial data as a surrogate.
ClearOne Communications v. Chiang
Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.
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 ...
Expert Calculates Lost Profits Through 25-Year Contract Term
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Medical Staffing Network, Inc. v. Ridgeway
Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.
Managements’ Projected Lost Profits Calculations Withstand Appeal
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Appeals Court Reduces Lost Profits to Account for Fixed Costs
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
RKR Motors, Inc. v Associated Uniform Rental & Linen Supply, Inc.
KR Motors, Inc., d/b/a Autohaus of Pompano (“RKR Motors”), appeals a final judgment awarding Associated Uniform Rental & Linen Supply, Inc. (“Associated”), $82,444.00, in lost profits.
Progressive Child Care Systems, Inc. v. Kids ‘R’ Kids International, Inc.
Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.
Federal Court Issues New Rule for Valuing Stock in Insurance Demutualization
Federal Claims Court rules against long-standing IRS position that stock in insurance company demutualization has a cost basis of zero value.
Structural Polymer Group, Ltd. v. Zoltek Corporation
Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.
Tax Court Rejects Appraisal of Donated Stock for Incorrect Premise of Value
Tax Court approves 64% combined discounts (advocated by IRS) for valuing medical service corporation slated for conversion to a nonprofit.
Are Damages Opinions Based ‘Almost Exclusively’ on Management Opinions Too Unreliable?
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Fisher v. U.S.
Federal Claims Court rules against long-standing IRS position that stock in insurance company demutualization has a cost-basis of zero value.
Lost Profits Turn on Risk-Free vs. Risk-Adjusted Discount Rates
Bankruptcy court examines forecasts of future performance, discount rates in determination of lost profits.
Bergquist v. Commissioner of Internal Revenue
Tax Court approves 64% combined discounts (advocated by IRS) for valuing medical service corporation slated for conversion to a non-profit.
Lost Profits or Market Value? Best Approach to Measure Goodwill Impairment
Court decides whether lost profits or market value is the most accurate measure of damages in this goodwill impairment case.
U.S. Salt, Inc. v. Broken Arrow, Inc.
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Cal-City Construction, Inc. v. Wilson, Elser et al.
Construction company sues former lawyers after receiving questionable advice, and seeks damages based on potential lost jobs.
In re Magna Cum Latte, Inc.
Bankruptcy court examines forecasts of future performance, discount rates in determination of lost profits.
Quick Pick Express, LLC v. Quick Pick Express, Inc.
Failure to present adequate goodwill value, and proper categorization of damages proves to be fatal for plaintiffs.