Federal Circuit Discusses Rationale Behind Different Measures of Damages
Federal Circuit says expert’s royalty analysis was not improper “pseudo” lost profits analysis that tried to circumvent higher standard of proof, where expert considered plaintiff’s profits as one of many factors in her hypothetical-negotiation model.
Federal Circuit rejects ‘pseudo’ lost profits argument
How much attention, if any, may a damages expert pay to the patent holder’s profit margin when calculating a reasonable royalty before the analysis becomes a lost profits calculation in disguise?
Federal Circuit reacts coolly to ‘pseudo’ lost profits argument; royalty analysis may consider profits
The Federal Circuit recently found a reasonable royalty calculation that took into account the plaintiff’s profit margin was not a lost profits analysis in disguise. The plaintiff’s expert did not try to circumvent the “but for” causation requirement that applied to a lost profits claim.
Federal Circuit Discusses Rationale Behind Different Measures of Damages
Federal Circuit says expert’s royalty analysis was not improper “pseudo” lost profits analysis that tried to circumvent higher standard of proof, where expert considered plaintiff’s profits as one of many factors in her hypothetical-negotiation model.
Danmark v. CMI USA, Inc.
Federal Circuit says expert’s royalty analysis was not improper “pseudo” lost profits analysis that tried to circumvent higher standard of proof, where expert considered plaintiff’s profits as one of many factors in her hypothetical-negotiation model.