News & Analysis as of

Daubert Ruling Patent Infringement

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024

EcoFactor, Inc. v. Google LLC, Appeal No. 2023-1101 (Fed. Cir. June 3, 2024) In the Federal Circuit’s only precedential patent opinion this week, the court addressed issues of infringement and admissibility that arose...more

Mintz - Intellectual Property Viewpoints

Sales Projections and a “Litigation Risk Multiplier” Are Fair Game When Assessing Reasonable Royalty Damages

A recent decision from Judge Stark, now presiding at the Federal Circuit, endorses the use, by a patent owner’s damages expert, of sales projections and a “litigation risk multiplier” in determining reasonably royalty...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Exclusion of Expert Opinion on Reasonable Royalty Rate

On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc., the Federal Circuit affirmed exclusion of an expert opinion regarding a reasonable royalty, holding that the district court did not abuse its...more

Morris James LLP

Court Rules On Summary Judgment And Daubert Motions

Morris James LLP on

Andrews, J. Defendants’ motion for summary judgment as to no literal or indirect infringement is denied; as to no infringement under the DOE is granted; as to no willfulness is granted. Defendants’ motion to limit damages to...more

McDermott Will & Emery

The Use of Expert Opinions in ‘Reverse-Payment’ Settlement Cases Under Actavis - King Drug Company of Florence, Inc., et al. v....

McDermott Will & Emery on

Applying its previous rulings in related litigation and interpreting FTC v. Actavis, 570 U.S. 756 (2013), the U.S. District Court for the Eastern District of Pennsylvania was tasked with determining whether to preclude expert...more

Morris James LLP

Two Daubert Motions Are Granted.

Morris James LLP on

M2M Solutions LLC v. Motorola Solutions, Inc., et al., C.A. No. 12-33 - RGA, February 25, 2016 - Andrews, J. Defendant’s motion to exclude damages experts’ testimony is granted. Plaintiff’s motion to exclude opinions of...more

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