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Damage calculations best left for expert discovery
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
The Bosch court reasonably concluded that details relating to the calculation of a patent owner’s reasonable royalty and lost profits damages were
Court compels production of royalty claims in other lawsuits
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
The Flatworld court ordered Apple to produce documents relating to royalty claims in cases where Apple was asserting its patents. The case is a
Texas court upholds damages based on Nash Bargaining Solution and “smallest salable unit”
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
The VirnetX judge approved use of the Nash Bargaining Solution and appears to have shifted the burden to the defendant to present “a credible
License comparable even though not a patent license
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
Damages experts are always “on the record.” While it may have been a close call for the court, the testimony of Defendant’s damages expert that a
Expert’s lost profits analysis legally deficient testimony excluded
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
Damages experts have to play by the rules. Short cuts simply don’t work. In Subotinic, the court tossed the damages expert’s testimony on lost profit
No damages expert results in no case
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
While a damages expert is not required, proof of the amount of damages is necessary. Unicom learned this lesson the hard way when it failed to meet
Post-verdict motions in Apple v. Samsung yield detailed damages decision
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 29 2013
The cell phone wars continue to offer a wealth of interesting damages opinions. In Apple v. Samsung, the court undertakes a detailed analysis of
ITC initiates imported omega-3 extracts patent-infringement investigation
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 25 2013
The U.S. International Trade Commission (ITC) has issued a notice regarding its decision to launch an investigation into the amended complaint filed
News Bytes - April 18, 2013
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 18 2013
The U.S. Department of Commerce announces the winners of the U.S. Patent and Trademark Office's Patents for Humanity pilot program. The awards
SCOTUS hears arguments on patentability of human genes
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 18 2013
The U.S. Supreme Court (SCOTUS) heard arguments on Monday specifically addressing whether "human genes are patentable." Ass'n for Molecular Pathology
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