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  • Posts Tagged ‘Lost Profits’

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    July 10, 2018 Lost Profits

    Evaluating Lost Profits Damages During Early Stages of Litigation

    For clients and counsel (either plaintiffs or defendants) that are considering possible lost profits claims in their IP litigation, we’ve put together a short primer to get you started.  The download link is below.  As we cover in this paper, both plaintiffs and defendants are increasingly focusing more attention to damages nearer the outset of litigation.  This paper covers the legal framework and key cases, as well as the basics of quantifying the damages.

    As always, contact us for more information or to see how we might assist your case.

    December 12, 2017 Lost Profits, Non-Infringing Alternatives

    Federal Circuit Addresses Non-Infringing Alternatives in Presidio Ruling

    On appeal after a $2.2 million jury award of lost profits, the Federal Circuit vacated the lost profits award, ruling that insufficient evidence regarding non-infringing alternatives supported the finding. While this ruling may not be particularly ground-breaking, it does add another data point as to how the Federal Circuit …LEARN MORE

    April 28, 2017 Lost Profits

    Court Won’t Allow Lost Profits Where Expert Did Not Account for Market Competition Due to Lack of Data

    In this district court case, the Court ruled on summary judgment that Plaintiff ATEN was not entitled to lost profits damages.  Plaintiff’s expert acknowledged that there were competitors in the relevant market other than plaintiff and defendant, however, he stated that he was unable to identify market share data that …LEARN MORE

    September 21, 2012 Data Considered, Daubert, Lost Profits

    Court Allows Lost Profits Claim if Presented as the Expert’s Assumption, not Opinion

    Defendants filed a Daubert motion to exclude a lost profits claim where the expert assumed a 50% market share, based only on his client’s estimates. The district court denied the motion, thus allowing the testimony as long as the expert presents the 50% as assumption, not his opinion. …LEARN MORE

    August 20, 2012 Daubert, Lost Profits

    TX Court Dismisses Expert’s Reasonable Royalty as Financially Catastrophic

    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

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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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    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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