The court denied defendant's motion to strike plaintiff's damages expert's report as "lacking in sound economic and factual predicates." "[Defendant] asserts that [the expert] 'adopts his own interpretation of [defendant's] "new user engagement" statistics—which have nothing to do with [defendant's] revenues—and uses these percentages to calculate the purported "incremental revenue" of $73,187,900 to $102,463,060 that [defendant] supposedly will garner from its alleged infringement of the [patent-in-suit]. . . . While it is certainly the case that 'a court should disregard expert opinion if it is mere speculation, not supported by facts' . . . [the expert's] testimony rests upon a sufficient factual basis to support his conclusion. As [plaintiff] asserts, [the expert] bases his opinion upon his experience as applied to the facts of the case. [The expert] has over forty (40) years of experience in the area of the licensing of patents, trademarks and technologies. In those forty (40) years, [the expert] estimates that he has 'has been involved in the negotiation of more than 400 licenses, as licensor or as licensee.' Accordingly, [Plaintiff's expert] possesses the requisite knowledge, skill, experience, training and education to determine the relevant range for likely revenue sharing between a willing licensor and licensee and apply it to the facts of this case. . . . [He] does not rely upon general market studies, but rather his forty years of experience in dealing with the negotiation of more than four hundred licenses."
VS Technologies v. Twitter, Inc., 2-11-cv-00043 (VAED October 5, 2011, Order) (Morgan, J.)