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  • Posts Tagged ‘Non-Infringing Alternatives’

    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

    June 18, 2012 Daubert, Non-Infringing Alternatives, Surveys

    A Closer Look at the Daubert Ruling by Posner (CAFC, by Des.) in Apple v. Motorola

    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

    November 7, 2011 Data Considered, Daubert, Non-Infringing Alternatives

    Del. Court Excludes “Speculative” Non-Infringing Alternatives and Other Arguments

    After a jury’s finding of patent infringement, the court rules on a number of pre-(damages)-trial motions, with 3 such rulings of interest. The court first finds that proffered testimony by defendant’s technical expert regarding possible “design arounds” as alternatives to the patented technology “is wholly speculative and, consequently, not helpful …LEARN MORE

    October 20, 2011 Non-Infringing Alternatives

    Conceptus Awarded Royalties of 20% For Hologic’s Infringement

    A California jury awarded damages of $18.8 million based on lost profits and a royalty rate of 20% to Conceptus due to Hologic’s infringement of a Conceptus patent related to a transcervical intrafallopian contraception method.

    Possibly more interesting than the actual verdict was …LEARN MORE

    August 22, 2011 License Agreement Comparability, Nash Equilibrium, Non-Infringing Alternatives, Post-Judgment Royalty

    ED Texas OK With Litigation-Related Licenses: DataTreasury v. Wells Fargo

    In this long-running patent infringement case regarding check imaging technology, where a jury had found lump-sum royalty damages of $27 million, the court now considers post-verdict royalties. …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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