As a follow up to our 2013 post regarding a Daubert ruling in this case, the Federal Circuit this week upheld the district court’s rejection of a $70 million jury verdict, finding that the lower court correctly found a lack of evidence that Cisco defrauded XpertUniverse during a partnership between the firms. As we noted previously, the $70 million claim related to lost business value that Plaintiff’s expert computed.
The district court had also ruled that Plaintiffs failed to show that Cisco’s concealing their news of denial from XpertUniverse destroyed Plaintiff’s partnership opportunities that led to the lost business value. In short, Plaintiffs failed to prove causation, which the judge had warned them about in the March 2013 Daubert ruling that permitted presentation of the $70 million in claimed damages.
XpertUniverse Inc. v. Cisco Systems Inc., 09-157-RGA (D. DE, November 20, 2013, Order) (Andrews)