Ericsson Inc. v. D-Link Corp. (I)
In IEEE 802.11n standard infringement case, district court denies defendants’ Daubert motion finding plaintiff expert’s damage model based on per unit royalty on sales of accused products included two levels of apportionment to properly capture only the v ...
Brocade Communications Systems, Inc. v. A10 Networks, Inc. (II)
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 ...
Versata Software, Inc. v. SAP America, Inc. (II)
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 ...
SynQor, Inc. v. Artesyn Technologies, Inc. (III)
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 ...
Testing the reasonableness of royalty rates in valuation
Steve Economou, managing director of Curtis Financial, got into IP valuations "by accident" about 15 years ago. He now does it for tax, transfer pricing, and purchase price allocations, generally. He brought his experience to a session on supporting royalty rate valuations to the ASA Advanced Business Valuation Conference in Phoenix this morning.
Careful Market Model Plus Clever Trial Tactic Secures $345 Million Damages
Court upholds $345 million lost profits/reasonable royalty award for patented software infringement based on careful market reconstruction and calculations by plaintiff’s team of four experts.
Versata Software, Inc. v. SAP America, Inc. (I)
Court upholds $345 million lost profits/reasonable royalty award for patented software infringement based on careful market reconstruction and calculations by plaintiff's team of four experts.
Patent Damages Expert Crashes and Burns in Jet Engine Dispute
Federal court strikes substantial portions of lost profits, reasonably royalty evidence for “egregious overreaching” by patent infringement plaintiff and damages expert.
De Lage Landen Operational Services, LLC v. Third Pillar Systems
Court strikes expert evidence under Daubert in trade secrets case, because expert failed to pinpoint date on which misappropriation began—a “vital” requirement when applying the Georgia-Pacific framework.
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.
Arista Records LLC v. Lime Group
Federal court precludes defendants’ damages expert from testifying to causes of music industry declines, but permits his calculation of reasonable royalty based on hypothetical negotiation to server as evidence of “expenses saved” by defendants in their i ...
Flowers Bakeries Brand, Inc. v. Interstate Bakeries Corp.
Federal court admits reasonable royalty rates based on past licensing agreements, but bars lost profits evidence that fails to account for market factors that could have caused the loss.
Mattel, Inc. v. MGA Entertainment
Federal district court strikes portions of expert copyright infringement damages that apply the ex post Georgia-Pacific reasonable royalty calculations, because federal law requires ex ante approach.
Uniloc v. Microsoft Special Report: Lessons Outside of the Courtroom
In a U.S. Federal Court of Appeals decision issued on January 4 in the case of Uniloc USA, Inc. v. Microsoft Corporation (Uniloc), the Federal Circuit Court of Appeals ruled that a damage expert’s reliance of the “25% rule of thumb” in determining a reasonable royalty rate was inadmissible under Federal Rules of Evidence.
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.
‘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 ...
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.
Brennan's Inc. v. Dickie Brennan & Company, Inc.
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Lost Profits Measured in Breach of Contract Action Involving Restaurants
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Simon Property Group, L.P. v. mySimon, Inc.
The U.S. District Court for the Southern District of Indiana reversed a damage award for mySimon’s infringement of the “Simon” mark. The damages were determined as a percentage of mySimon’s value (determined by reference to the price CNET paid to acquire ...
Total Containment, Inc. v. Environ Products, Inc.
The U.S. District Court for the Eastern District of Pennsylvania awarded Total Containment damages based on a reasonable royalty for Eviron's infringement of their patent. The court found that the starting point was 1/4 of the available profit. It adjus ...
Century Wrecker Corp. v. E.R. Buske Manufacturing Company, Inc.
The U.S. District Court for the Northern District of Iowa denied the plaintiff's motion in limine to exclude evidence regarding what the defendant's would be able to afford as a reasonable royalty in this patent infringement case. The court permitted the ...