Comcast Cable Communications, LLC et al. v. Sprint Communications Company LP et al, 2-12-cv-00859 (PAED November 21, 2016, Order) (Dubois, SJ)
Tuesday, November 29, 2016
Expert’s Reliance on Forward Citation Analysis Does Not Render Reasonable Royalty Opinion Unreliable
The court denied plaintiff's motion to exclude the testimony of defendant's damages expert regarding a reasonable royalty on the ground that forward citation analysis was unreliable. "Forward citation analysis is a method of estimating the value of a particular patent based on the number of times the patent is cited by later patents. . . . [T]he forward citation method of analysis has been recognized in the academic literature as reliable since the 1990s. . . . [C]ourts have not rejected forward citation analysis outright. This Court determines that a single academic paper . . . is not sufficient to rebut decades of literature supporting forward citation analysis."