EMVR Must Not Swallow Apportionment, Federal Circuit Says
Federal Circuit strikes award against Apple, finding it resulted from district court’s misstating the law on the entire market value rule and apportionment and court’s failure to serve as gatekeeper under Daubert and exclude unreliable damages testimony.
VirnetX, Inc. v. Cisco Systems, Inc. (II)
Federal Circuit strikes award against Apple, finding it resulted from district court’s misstating the law on the entire market value rule and apportionment and court’s failure to serve as gatekeeper under Daubert and exclude unreliable damages testimony.
Nash Bargaining Solution a ‘Non-Starter’ for Royalty Analysis
Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”
Robocast, Inc. v. Microsoft Corp. (II)
Under Daubert, court excludes royalty analysis that claims parties would have agreed to equal profit share, finding it was based on the discredited Nash Bargaining Solution, a “non-starter in a world where damages must be tied to the facts of the case.”