The Eastern District of Texas, in Metaswitch Networks Ltd. v. Genband US LLC, Case No. 2:14-cv-00744 (Judge Payne) (March 5, 2016), addressed defendant Genband's Daubert motion seeking to strike plaintiff's expert Mr. Sims’ opinions relating to apportionment, royalty base calculation, and the application of the "analytical approach." The court concluded that Mr. Sims' opinions were reliable under FRE 702 and thus, denied Genband's Daubert motion.
The Eastern District of Michigan, in Linear Group Services, LLC v. Attica Automation, Inc., Case No. 13-10108 (Judge Gershwin A. Drain) (Aug. 25, 2014), addressed several motions in limine. One of the issues involved evidence related to the analytical method for computing reasonable royalty damages. The opinion is brief, and so we quote in full (slip op. at 7-8):