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  • Posts Tagged ‘Lump Sum’


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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

    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 14, 2015 Apportionment Techniques, Daubert, Jury Verdict Form, Lump Sum, Nash Equilibrium, Post-Judgment Royalty, Surveys

    CAFC Upholds $15M Verdict Against Samsung For Photo Uploading, and Rules on Damages Issues

    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

    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 13, 2013 Daubert, Lump Sum

    Expert’s Lump Sum Royalty Opinion Needs a Basis in Fact

    In a Daubert ruling in XpertUniverse v. Cisco, the district court excluded opinions by Plaintiff’s expert that Cisco would agree to a lump sum royalty, since little or no basis was presented and his comparable licenses consisted of two licenses with running royalties of 3-5%.  …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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