Good Technology Corporation et al v. MobileIron, Inc., 5-12-cv-05826 (CAND July 5, 2015, Order) (Grewal, M.J.)
Tuesday, July 7, 2015
Reliance on Nash Bargaining Solution Warrants Exclusion of Expert’s Reasonable Royalty Scenario
The court granted defendant's motion to exclude the testimony of plaintiff's damages expert regarding a reasonable royalty scenario for applying the Nash Bargaining Solution. "The [Federal Circuit] ultimately held that NBS theories should be excluded except in the unlikely circumstance that a 50/50 split is shown to fit the particular facts of a case. . . . [Plaintiff's expert] similarly fails to tie the 50/50 split to the specifics of this case or to explain why such a split would be reasonable — other than to invoke a boilerplate assertion about the relative bargaining powers of the parties. What he does is nothing more than to start with an assumed 50/50 split — exactly what the Federal Circuit found erroneous in his [previous] analysis."