The court denied plaintiff's motions in limine to exclude one of plaintiff's license agreements and an internal forecast estimating the value of a license for defendant's alleged infringement. "[Plaintiff] focuses its arguments on challenging the values set forth in the [license] and the 2006 forecast, as the figures of a lump sum of $200,000 offered to [the licensee] and its 2006 internal discussions concerning the potential of an annual fee of $2,000,000 are drastically less than their expert’s initial billion dollar opinion as to the value of the patents in this case. . . . The Court finds that the [license] and the 2006 forecast are highly probative of the type of license that [plaintiff] may have sought during those negotiations, i.e., a running royalty versus a lump-sum license. . . . [T]he challenged evidence is highly probative of whether [plaintiff] would have accepted a running royalty or opted for a lump sum during the negotiations."
Carnegie Mellon University v. Marvell Technology Group, Ltd., et. al., 2-09-cv-00290 (PAWD November 7, 2012, Order) (Fischer, J.).
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