Computing reasonable royalties – Court rejects deviation from “classic way”

Description

Abstract: Daubert challenges continue to trip up qualified financial experts who present unreliable testimony based on questionable methodologies. In one recent patent infringement case, the judge excluded all of the testimony of the plaintiff’s damages expert. This article explains why the court found problems with the foundation of the expert’s analysis, and also decided that his methodology was “flawed and unreliable.” As a sidebar discusses, the court faulted the expert’s inclusion of the so-called price effect in his analysis.