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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.

Abandoning ‘Classic Way’ to Royalty Analysis, Expert Gets Lost

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.

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.

Inexact Apportionment Invalidates Expert’s Royalty Calculation

Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...

Rembrandt Social Media, LP v. Facebook

Court excludes plaintiff expert testimony under Daubert, finding both the expert’s royalty base and rate determinations fatally flawed due to the expert’s inexact apportionment; in valuing damages, he failed to compensate only for the infringement caused ...

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