Friday, November 7, 2014

Evidence of Prior Acquisition of Business Including Patents Admissible Generally, But Not Allocation of Purchase Price

The court granted in part plaintiff's motion in limine to preclude evidence of prior sales and valuations of the patents-in-suit. "[A]lthough [two] acquisitions represent imperfect evidence, they are relevant to damages and that relevance is not outweighed by the likelihood of juror confusion. Accordingly, the Motions are denied as to the [acquisitions] generally. Also at issue is [a 10-K] allocation of $963,000 to the patents included in its acquisition. The Court finds that this number involves a host of different business considerations and is too far removed from the hypothetical negotiation that the jury will be asked to consider. The likely result of the presentation of this evidence is substantial juror confusion."

Mobile Telecommunications Technologies, LLC v. Sprint Nextel Corporation, 2-12-cv-00832 (TXED November 5, 2014, Order) (Payne, M.J.)

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