Damages Expert Testimony Based on Litigation Verdict Excluded

The court granted defendant's motion to exclude the testimony of plaintiff's damages expert regarding an effective royalty rate of 18-25.4% as unreliable because it relied on a noncomparable litigation verdict. "[Plaintiff's expert] wholly failed to address whether the [l]itigation verdict is comparable to the hypothetical license in this case. [He] did not discuss the technology involved in that case, nor did he account for the very different economic circumstances that often surround litigation. Because [plaintiff's expert] did not establish that the [l]itigation verdict is comparable to the hypothetical license here before using it to support his reasonable royalty opinion, his testimony on that issue must be excluded."

Mars, Inc. v. TruRX LLC et al, 6-13-cv-00526 (TXED April 18, 2016, Order) (Mitchell, M.J.)