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  • Posts Tagged ‘Apportionment Techniques’


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    April 25, 2012 Apportionment Techniques, Entire Market Value Rule

    Oracle Expert’s 3rd Swing in Oracle v. Google: Largely a Miss

    After two strikes from the court, Oracle’s expert Dr. Cockburn takes another swing at damages in their case against Google.  Once again, the Court is not fond of many of the arguments.  …LEARN MORE

    January 26, 2012 Apportionment Techniques, Entire Market Value Rule

    Oracle’s Damages Expert Can Take 3rd Swing, but Oracle to Pay Costs

    In the always-interesting case of Oracle v. Google regarding Google’s alleged use of Java technology in Android, which we at IPValueBlog have followed, Judge Alsup decided to give Oracle’s damages expert a third attempt at a damages opinion, but Oracle will have to pay Google’s costs of rebutting it. …LEARN MORE

    December 28, 2011 Apportionment Techniques, Daubert

    CA Court Accepts Testimony That Royalty Rate Need Not Be Split Amongst Patents…Then Proceeds to Split it Amongst Patents

    In this order on post-trial JMOL motions, a California court declined to exclude expert testimony presented as a single reasonable royalty rate for a group of 3 patents.  The Court then finds one patent invalid and then uses its own methodology to adjust …LEARN MORE

    December 14, 2011 Apportionment Techniques, License Agreement Comparability

    ResQNet on Remand: Court Rejects Expert Opinions and Sets a Royalty Rate

    Recall that the Federal Circuit remanded this case for a recalculation of a reasonable royalty, finding that the plaintiff’s expert and the lower court impermissibly relied upon broader re-branding and re-bundling licenses that furnished finished software products, source code, and other services.  Upon remand, the court rejects revised opinions by both …LEARN MORE

    December 10, 2011 Apportionment Techniques, Entire Market Value Rule

    Oracle v. Google: Strike Two for Oracle’s Damages Positions

    We at IP Value Blog have been following the damages arguments in this case, about which the court has expressed some firm opinions.  In July, the court excluded the opinions by Oracle’s expert Dr. Cockburn for several reasons, including a failure to apportion the demand for Google’s Android …LEARN MORE


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    IP Value Blog focuses on news and current court cases regarding intellectual property valuation. IP Value Blog is published by Eric Phillips of VLF Consulting.

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    25% Rule, Apportionment Techniques, Data Considered, Date of Hypothetical Negotiation, Daubert, Entire Market Value Rule, Forward Citation Analysis, Hypothetical Negotiation, Jury Verdict Form, License Agreement Comparability, Lost Profits, Lump Sum, Method Claims, Nash Equilibrium, Non-Infringing Alternatives, Patent Reform Act, Post-Judgment Royalty, Prejudgment Interest, Royalty Base, Royalty Rate, Surveys, Use of Settlement Agreements
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