Tuesday, September 27, 2011

Royalty Range Based on "Medical Field in General" Not Admissible in Case Involving Trocars

The court granted defendant's motion in limine to exclude the testimony of plaintiff's damages expert concerning a royalty range. "[The expert's] testimony on a royalty range was not limited to trocars, but appears to be based on his experience on the medical field as a whole. Prior license agreements must be 'sufficiently comparable to the hypothetical license at issue in suit.' . . . The court understands Plaintiffs’ argument about relevance under Georgia-Pacific factor 12, but both factor 12 and [Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011)] discuss royalty rates for use of the invention and similar inventions. [Plaintiff's expert's] testimony involved the medical field in general, and devices not comparable to the trocars at issue in this case."

Tyco Healthcare Group LP, et. al. v. Applied Medical Resources Corp., 9-09-cv-00176 (TXED September 23, 2011, Order) (Giblin, M.J.)

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