Wednesday, April 20, 2016

Orders Excluding Expert Testimony for Relying on Noncomparable Transactions

In the quest to identify prior transactions to support damages opinions, experts sometimes push the bounds of comparability. Are litigation-induced licenses comparable to the hypothetical negotiation that would occur in the instant case? What about licensing negotiations that did not produce an agreement, licenses involving different patents or technology, or licenses for patent pools or bundles instead of individual patents? Since 2008, district courts have addressed these and similar questions in 123 decisions, 75 of which were granted or partially granted. To view those decisions, click here. To view all 123 decisions, delete the “Result of Motion” filter at the top of the page. Click “Create Alert” to be notified when a new decision is issued.

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