Core Wireless Licensing S.a.r.l. v. Apple Inc., 5-15-cv-05008 (CAND November 18, 2016, Order) (Cousins, MJ)
Tuesday, November 22, 2016
Expert’s Use of Aspirational Royalty Rates No Basis for Excluding Testimony
The court denied defendant's motion to exclude the testimony of plaintiff's damages expert as unreliable because it was based on aspirational royalty rates. "[Defendant] argues that [plaintiff's expert] cannot use [the] announced and demanded royalty rates [of a company acquired by defendant] because they are simply [the company's] aspirational rates. This argument attacks the credibility of [the expert's] inputs and conclusions, not his methodology. The Court denies the motion and finds that [defendant] can sufficiently address its concerns through cross-examination."