Thursday, April 9, 2009

Damages Expert's Flawed Baseline Royalty Renders Georgia Pacific Analysis Irrelevant

Where plaintiff's damages expert's determination of a baseline royalty rate was rejected, his analysis of the Georgia Pacific factors was also rejected. "Since his baseline was little more than conjecture, it matters little how [the expert] wielded the remaining Georgia Pacific factors in asserting that they resulted in upward or downward 'pressure' on his initial postulate -- plus or minus a guess, is, after all, still a guess."

Boeing Company v. USA, 1-00-cv-00705 (COFC April 2, 2009, Opinion)

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