No Expert Testimony as to Hypothetical Negotiation “Extending Over Several Years”

The court granted in part plaintiff's motion to strike defendant's damages expert's report. "The law regarding the date of the so-called 'hypothetical negotiation' is well-understood. There is a date of the negotiation, not some range, and certainly not a range extending over several years. Is this an artificial construct? Yes, but so is the entire hypothetical negotiation, which by its very nature involves some conjecture. This court is not at liberty to dispense with long-standing case law from the Federal Circuit making clear that there is a discrete point in time to consider, and that point in time is the date the jury decides infringement first began. [Defendant's expert] may not confuse the jury as to this law by suggesting anything to the contrary."

Dynetix Design Solutions, Inc. v. Synopsys, Inc., 5-11-cv-05973 (CAND August 22, 2013, Order) (Grewal, M.J.).