Monday, October 31, 2011

Expert Testimony That Plaintiff's Worldwide Licenses Are "AntiCompetitive" Not Excluded From Trial

The court denied plaintiff's motion to exclude the testimony of defendant's damages expert that plaintiff's worldwide licenses were anticompetitive. "[P]laintiff argues that [the expert's] opinions that plaintiff’s worldwide royalties and its fields of use are anticompetitive should be excluded because they are conclusory and lacking in economic analysis. Plaintiff argues that [defendant's expert's] analysis of worldwide licenses disregards their various economic benefits. This may be persuasive on cross-examination but it is not a basis on which to exclude his testimony. [He] does reach a legal conclusion when he says that plaintiff’s fields of use impose a 'double-royalty' but he also says that the licenses charge twice their value. He bases the latter conclusion on the relative cost of the technology and on the form of plaintiff’s past licenses. I will disregard any legal conclusions, such as that the licenses charge a 'double-royalty,' but [defendant's expert] may testify about his economic analysis."

SanDisk Corp. v. Kingston Technology Co., Inc., et. al., 3-10-cv-00243 (WIWD October 27, 2011, Order) (Crabb, J.)

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