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
Judge Posner, a 7th Circuit Court of Appeals judge sitting here by designation, released a bold Daubert ruling that illustrates how judges are demanding more rigorous quantification of damages. It contains strong commentary on two expert opinions and is worthy of some serious thought coming from a prominent appeals court judge. …LEARN MORE
With trial to start Monday, Judge Posner dismissed the case with prejudice “because neither party can establish a right to relief.” The judge had just this week asked the parties to brief him as to the court’s ability to offer any relief if he granted summary judgment barring both injunctive and monetary relief in light of motions from both parties that the opposing party is unable to prove damages …LEARN MORE
Judge Payne of E.D. Texas ruled to allow damages expert testimony despite defendants’ objections that the expert merely pointed to the technical expert’s position on apportioning the value of the invention. Although defendants claimed the apportionment was unverified and arbitrary, the court noted at least some basis in customer surveys and …LEARN MORE
A California judge granted most of HTC’s Daubert motion against plaintiff’s damages expert, Joseph Gemini, for relying upon non-comparable agreements in his patent infringement royalty opinion. Gemini used a revenue sharing agreement as an “additional consideration,” apparently to bolster his Georgia-Pacific royalty analysis. …LEARN MORE