In this Delaware patent infringement suit, the district court judge excluded plaintiff’s damages expert’s reasonable royalty opinion that apportioned 50% of product value to the patents-in-suit because his apportionment, based solely on discussions with their technical expert, lacked a factual foundation. …LEARN MORE
IN THE NEWS
Tidy Cats found to infringe an Oil-Dri patent, but the jury was not too enthused about damages.
This week a jury awarded Chicago-based Oil-Dri damages of $3 million after a 7-day patent infringement trial against Nestle Purina, makers of Tidy Cats cat litter. …LEARN MORE
In a patent case regarding infant play yard arches, an Illinois district court this week excluded the royalty opinion of plaintiff’s damages expert because his royalty rate “might have been picked out of a hat.” In Kolcraft v. Chicco, plaintiff’s expert first estimated a baseline royalty of 7.7% of sales, then adjusted it upward to 8% based on the …LEARN MORE
For clients and counsel (either plaintiffs or defendants) that are considering possible lost profits claims in their IP litigation, we’ve put together a short primer to get you started. The download link is below. As we cover in this paper, both plaintiffs and defendants are increasingly focusing more attention to damages nearer the outset of litigation. This paper covers the legal framework and key cases, as well as the basics of quantifying the damages.
As always, contact us for more information or to see how we might assist your case.
What we do
VLF Consulting assists its clients in navigating economic and financial challenges during complex commercial disputes and other valuation matters. With particular expertise in intellectual property, VLF Consulting’s expertise brings clarity and reasoned solutions to the most complex of issues.