Judge Andrews Grants Defendants’ Motion To Exclude A Portion Of Plaintiff’s Damages Expert’s Opinion In Patent Infringement Action

Fox Rothschild LLP
Contact

Fox Rothschild LLPBy Memorandum Order entered by The Honorable Richard G. Andrews in TC Technology LLC v. Sprint Corp., Civil Action No. 16-153 – RGA (D.Del. October 18, 2019), the Court granted Defendants’ motion to exclude a portion of Plaintiff’s damages expert’s opinion relating to a 5% royalty rate after finding that (1) the opinion failed to analyze the comparability between the patent-in-suit and the VoIP patents; (2) the VoIP patents are no longer part of the case and, therefore, a VoIP-related damages assessment is irrelevant to the issues remaining; and (3) any evidence about the VoIP patents would only serve to confuse the issues, mislead the jury and/or waste time.

A copy of the Memorandum Order is attached.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Fox Rothschild LLP

Written by:

Fox Rothschild LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide