This appeal in a California court involved a dispute over an appraisal of the plaintiffs’ 15% interest in a grocery store the defendant operated. The plaintiffs alleged that the award of the superior court was obtained by fraud and that the arbitrator prejudiced their rights.
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Exmark Mfg. Co. v. Briggs & Stratton Power Prods. Grp. LLC
Federal Circuit vacates damages, finding expert opinion was inadmissible because Georgia-Pacific discussion lacked analysis that tied G-P factors to facts of the case; court affirms apportionment requirement need not be satisfied through royalty base.
Federal Circuit Clarifies Different Ways to Effect Apportionment
Federal Circuit vacates damages, finding expert opinion was inadmissible because Georgia-Pacific discussion lacked analysis that tied G-P factors to facts of the case; court affirms apportionment requirement need not be satisfied through royalty base.
Meridian Mfg. v. C&B Mfg.
Court admits expert opinion that reasonable royalty cannot exceed cost of developing noninfringing alternative because opinion is based on facts of the case; court excludes opposing expert’s royalty because he failed to assess comparability of selected licenses to patented technology.
Enplas Display Device Corp. v. Seoul Semiconductor Co.
Court majority says jury award was based on insufficient evidence because expert’s damage theory envisioned a premium freedom-to-operate license based on past sales of noninfringing products; dissent says expert’s hypothetical negotiation reflected real world concerns and supported award.
Shire ViroPharma Inc. v. CSL Behring LLC
In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.
J&M Industries, Inc. v. Raven Industries, Inc.
Court admits most of damages expert’s reasonable royalty opinion, finding expert properly apportioned out value of nonpatented features in calculating royalty rate; expert’s use of industry-specific data from ktMINE database was reasonable and sufficiently tied to facts of the case, court says.