VLF Consulting, Inc.

IN THE NEWS 1 of 4

• NV Court: Nash Equilibrium 50% Profit Split is not a “Supercharged” 25% Rule

  A Nevada judge rejected a Daubert motion against a damages expert who based his royalty partly on a 50% profit split. Defendants called this a “rule of thumb” similar to the 25% Rule that the Federal Circuit rejected in Uniloc but the judge disagreed. …LEARN MORE

• WA Court May Allow Royalty Applied to Entire Product Despite Failing EMVR

  In a Daubert ruling, a Washington district court judged allows Motorola’s expert to testify that the reasonable royalty should apply to the complete product, despite failing to meet the entire market value rule.  In this patent infringement case related to Microsoft’s Xbox 360, …LEARN MORE

• Court Allows Lost Profits Claim if Presented as the Expert’s Assumption, not Opinion

  Defendants filed a Daubert motion to exclude a lost profits claim where the expert assumed a 50% market share, based only on his client’s estimates. The district court denied the motion, thus allowing the testimony as long as the expert presents the 50% as assumption, not his opinion. …LEARN MORE

• TX Court Dismisses Expert’s Reasonable Royalty as Financially Catastrophic

  Following a pre-trial conference, a Texas judge rejected on Daubert grounds proposed expert testimony on a reasonable royalty, since that royalty would have been excessive for the defendant. Unfortunately, the Court goes into very little detail about the size of the reasonable royalty claimed by plaintiff’s expert …LEARN MORE