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."

Core Wireless Licensing S.a.r.l. v. Apple Inc., 5-15-cv-05008 (CAND November 18, 2016, Order) (Cousins, MJ)