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
In a case regarding mobile phone picture uploading, the Federal Circuit affirmed a $15 million jury verdict against Samsung despite its kitchen-sink appeals on claim construction, verdicts, and damages. Regarding damages, the appeals court concluded that Summit 6’s damages expert’s methodology was acceptable despite …LEARN MORE
On Friday night, a jury in Chicago’s federal courthouse awarded Michael Jordan $8.9 million (of his $10 million claim) for Dominick’s use of his likeness in a magazine ad. The case involved the Illinois Right of Publicity Act and focused on …LEARN MORE
A California district court excluded opinions of a damages expert that attempted to apportion the reasonable royalty based on forward citations; i.e. the number of times each patent-in-suit has been cited as prior art by future patents. …LEARN MORE
So begins a district court ruling in Good Technology v. MobileIron. The Court’s EMVR lesson in this July 10, 2015, order is as follows: when Dauberting an opposing damages expert for failing to fully apportion the patented product in his reasonable royalty opinion, you had better identify the unpatented features and show how …LEARN MORE