A federal court recently excluded the opinions of a damages expert who violated the entire-market-value rule by applying a higher royalty base to more expensive products without showing that the higher price was derived from the patented technology. The court also excluded the expert’s opinion on royalty rates where the expert relied on license agreements that involved additional patents beyond the patent-in-suit and were between a parent and subsidiary. The decision highlights the importance of showing that differences in the royalty base are attributable to the patented technology and that the relied-upon license agreements are comparable.
May 08, 2012
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