The court denied defendant's motion in limine to exclude plaintiff's damages expert's upward adjustment of the hypothetical negotiation starting point to account for lost convoyed sales. "[I]t was clear that [plaintiff] expected convoyed sales after licensing a compatible version of Java to [defendant]. [Plaintiff's] expectations were catalogued qualitatively in a variety of documents and quantitatively in financial projections. . . . While the amount of adjustment involves an element of uncertainty, [plaintiff's expert's] quantitative analysis was based on sufficiently reliable financial projections. The Federal Circuit has upheld a hypothetical royalty based on a contemporaneously created business plan projecting revenue. The convoyed-sales projections were contemporaneously calculated by . . . a senior director of business operations at [plaintiff]. [Defendant] does not explain why [she] would have projected an overly optimistic amount."
Oracle America, Inc. v. Google Inc., 3-10-cv-03561 (CAND January 9, 2012, Order) (Alsup, J.)