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  • Posts Tagged ‘License Agreement Comparability’


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    March 30, 2019 Jury Verdict Form, License Agreement Comparability, Lump Sum

    Tidy Cats Trial Ends in $3M Verdict as Both Sides Seem to Win

    Tidy Cats found to infringe an Oil-Dri patent, but the jury was not too enthused about damages.

    This week a jury awarded Chicago-based Oil-Dri damages of $3 million after a 7-day patent infringement trial against Nestle Purina, makers of Tidy Cats cat litter. …LEARN MORE

    May 1, 2018 Apportionment Techniques, Daubert, Entire Market Value Rule, Hypothetical Negotiation, License Agreement Comparability, Royalty Rate, Use of Settlement Agreements

    Expert’s Royalty Excluded due to License Comparability and Methodology

    In Acantha v. DePuy, a patent case dealing with spinal implant orthopedic devices, a Wisconsin district court judge excluded what seems to be the bulk of the reasonable royalty opinions of Plaintiff’s damages expert. The court ruled that (1) the main basis for the expert’s proposed royalty rate improperly includes royalties paid to a licensee that is not a party …LEARN MORE

    April 2, 2018 Apportionment Techniques, Entire Market Value Rule, License Agreement Comparability, Royalty Base, Royalty Rate

    Making Sense of the Federal Circuit’s Finjan Ruling on Royalty Apportionment

    In its January 2018 ruling in Finjan v. Blue Coat, the Federal Circuit reversed a $24 million jury award of damages and took a strict stance on apportionment that seems to reverse the more flexible position from its Ericsson decision.  This creates some uncertainty about how a reasonable royalty base and structure should …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


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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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