Source: Vlf Consulting Blog

Vlf Consulting Blog Reasonable Royalty Apportionment Excluded For Lack of Factual Foundation

In this Delaware patent infringement suit, the district court judge excluded plaintiff’s damages expert’s reasonable royalty opinion that apportioned 50% of product value to the patents-in-suit because his apportionment, based solely on discussions with their technical expert, lacked a factual foundation.  While the ruling isn’t exactly surprising—plenty of other cases have rejected royalty rates pulled […]

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