Patent infringement damages – Court tosses expert’s reasonable royalty testimony

Description

Abstract: Calculating damages in patent infringement cases continues to pose a challenge, with expert testimony on the matter coming under heavy Daubert scrutiny. This article looks at one case in which the judge excluded most of an expert’s proposed damages testimony — despite finding her “highly qualified” and competent to estimate reasonable royalties. A sidebar explains why the judge admonished the expert for failing to consult sufficiently qualified experts.