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  • Posts Tagged ‘License Agreement Comparability’


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    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

    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

    August 24, 2015 Data Considered, Daubert, License Agreement Comparability

    Michael Jordan Awarded $8.9 Million for Use of His Likeness, But Will it Stand?

    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

    April 3, 2015 Apportionment Techniques, Data Considered, Daubert, Entire Market Value Rule, License Agreement Comparability, Lump Sum, Royalty Base, Surveys

    IVS v. Microsoft: Court Excludes Damages Opinions on License Comparability and EMVR

    In this case where Microsoft’s Xbox and Kinect sensors are accused of infringing a facial recognition patent, the Virginia court excludes some opinions regarding the use of comparable agreements, the Entire Market Value Rule, and the basis for a lump-sum royalty.  Plaintiff’s expert, Walter Bratic, opined that royalty damages should be a running …LEARN MORE

    March 30, 2013 Daubert, License Agreement Comparability, Use of Settlement Agreements

    Court Excludes Entire Plaintiff’s Damages Claim of $300+ Million Against Intel

    After precluding certain testimony by Plaintiff’s damages expert in January, the court now rules against the remainder of his damages opinion of $150 to $300 million “or more.”  The court found that the expert’s reasonable royalty opinion was unreliable, being based upon a single litigation settlement that (a) occurred 5 years after the hypothetical negotiation, …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, 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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