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.)