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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.

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.

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.

Business interruption and other legal claims arising out of COVID-19 crisis

Just as the novel coronavirus causing COVID-19 brought businesses and economic activity to a sudden halt, an ABA panel discussed the grave effects on businesses and the legal doctrines available to business owners to mitigate the economic injury stemming from business interruption and unforeseeable circumstances.

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 Deems Future Lost Profits Formula an Exercise in Speculation

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Court Deems Future Lost Profits Formula an Exercise in Speculation

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Mattress Closeout Ctr. IV, LLC v. Panera, LLC

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Low-cost way to help clients enhance a damages claim

Compensation forfeiture is an option that damages plaintiffs can seek that is not difficult or expensive to prove--plus it can be “stacked” onto other remedies.

Averaging Multiple Appraisals Yields Most Reliable FMV

In ESOP case, court finds trustees unreasonably relied on appraiser’s valuations and overpaid for company stock; court credits parties’ three experts equally and arrives at fair market value by averaging results from experts’ multiple calculations.

Winn-Dixie Stores, Inc. v. Dolgencorp, LLC

Appeals court affirms Daubert exclusion of plaintiff's damages expert because she analyzed the wrong problem and her conclusion did not assist the trier of fact; also, her economic model and regression analysis failed to measure “effect of the violation.”

Chancery’s Reversal on Damages Opinion Bodes Well for Plaintiff

In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.

Perez v. Bruister (I)

In ESOP case, court finds trustees unreasonably relied on appraiser’s valuations and overpaid for company stock; court credits parties’ three experts equally and arrives at fair market value by averaging results from experts’ multiple calculations.

PharmAthene, Inc. v. SIGA Technologies, Inc.

In a major pharmaceutical case, on remand Delaware Chancery finds plaintiff proved it had a reasonable expectation of profits at the time of breach; court accepts plaintiff expert’s damages model, but orders adjustments, particularly to sales quantity.

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