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  • Posts Tagged ‘Data Considered’


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    November 5, 2021 Apportionment Techniques, Data Considered, Daubert, Forward Citation Analysis

    Court Rejects Royalty Apportionment Based on “Similar” Patents, No. of Claims, and Citation Analysis

    In this Daubert ruling, a Texas court rejects two of the four reasonable royalty methodologies put forth by Defendant’s damages expert.

    NCR’s expert first attempted to arrive at a reasonable royalty for …LEARN MORE

    June 14, 2018 Apportionment Techniques, Data Considered, Entire Market Value Rule, Royalty Base, Royalty Rate

    Federal Circuit Addresses Royalty Apportionment and Royalty Rates in Exmark

    In Exmark v. Briggs & Stratton, the Federal Circuit added to the pool of cases dealing with royalty apportionment, ruling that even though apportionment was required in the reasonable royalty determination, the apportionment could be done on the royalty rate, instead of the base, mainly because the patent claims refer to the broader product. …LEARN MORE

    December 10, 2016 Apportionment Techniques, Data Considered, Daubert, License Agreement Comparability, Lump Sum, Use of Settlement Agreements

    Court Allows Forward Citation Analyses in Royalty Determination

    In Comcast v. Sprint, the district court allowed Comcast’s patent damages expert to employ “forward citation analyses” in two aspects of his reasonable royalty opinions, finding that the methodology was sufficiently reliable.  …LEARN MORE

    October 20, 2016 Apportionment Techniques, Data Considered, Daubert, License Agreement Comparability, Surveys

    E.D. TX Court: Damages Expert Improperly Used Surveys for Royalty Apportionment

    In this patent infringement case about mobile handset digital watermarking technology, a Texas court rejected the royalty rate methodology of plaintiff’s expert because the expert failed to explain, mathematically, how his survey data led to his 10% factor to apportion the value of the handset  …LEARN MORE

    July 20, 2016 Data Considered, Royalty Rate

    CAFC Yet Again: An Infringer’s Profitability Is Not an Upper Limit to a Reasonable Royalty

    In Aqua Shield v. Inter Pool, the Federal Circuit explains in a bit more detail why an infringer’s profitability really, for sure, we-mean-it-this-time, definitely does not represent the ceiling on a reasonable royalty.   …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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    TAGS

    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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