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."

Comcast Cable Communications, LLC et al. v. Sprint Communications Company LP et al, 2-12-cv-00859 (PAED November 21, 2016, Order) (Dubois, SJ)

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