Patent Damages
12Mar/12Off

Daubert Motion granted on Price Erosion opinion

In ruling on motions in limine, Judge Carter in the CDCA granted a motion to exclude expert testimony on price erosion where the expert opinion was apparently lacking in foundational basis.  The Plaintiff’s damages expert had opined that the Plaintiff was “forced” to lower its prices due to infringement, but the Court excluded that opinion because there was insufficient evidence in the record to support the opinion.  Specifically, the Court found that the only evidence of causation was a statement that Plaintiff was forced to lower its prices and anecdotal evidence that, at one time, Plaintiff did lower its prices.  The Court found that there was an insufficient nexus between the alleged infringement and the lowering of prices to support the expert’s opinion.

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