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Admissibility › Damages

BakerHostetler

Damages Experts: Has the Federal Circuit Lowered the Admissibility Standard?

BakerHostetler on

Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more

Mintz - Intellectual Property Viewpoints

Expert’s Lump-sum Damage Calculation is Not Inadmissible Because it Accounts for Future Sales of Potentially Non-accused Products

Mintz - Intellectual Property Viewpoints on

A recent order from the District of Delaware in Evolved Wireless, LLC v. Apple Inc., No. 15-00542 (“Evolved Wireless”) provides interesting guidance regarding the use of future sales in calculating lump-sum damages. This...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Confirms that There is Only One Standard for the Admission of Expert Testimony and that Expert Opinion...

Sheppard Mullin Richter & Hampton LLP on

Deciding an issue of first impression, the California Court of Appeal issued a writ of mandate confirming that there is only one standard for the admissibility of expert opinion in California, and that standard applies when...more

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