8Oct/14Off
EDTX rejects arguments that expert should have included sunk costs and did not apportion
The Eastern District of Texas, in Affinity Labs of Texas, LLC v. Ford Motor Co., Civil Action No. 1-12-CV-580 (Judge Ron Clark) (Aug. 22, 2013) (Doc. No. 201), denied a motion to exclude testimony from expert Carl Degan. Ford contended there were two deficiencies in Degan’s opinions: (1) his failure to factor sunk engineering costs into his profitability analysis; and (2) his failure to apportion.
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Categories
- 25% Rule
- 271(a)
- 271(f)
- 287(a)
- Accelerated Market Entry Theory
- Admissibility of license agreements
- Analytical Method
- and evidence
- Apportionment
- Apportionment – Degree of Use
- apportionment – claim scope
- apportionment – conventional features
- Apportionment – rate apportioning
- apportionment – real estate approach
- Apportionment – Use of Defendant’s Documents
- Asset or patent sale and reasonable royalties
- Assignment
- Bifurcation of damages
- Book of Wisdom
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- Comparable Agreements
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- Cost savings approach
- Court as gatekeeper
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- Discoverability of license negotiation documents
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- Exclusion Order
- Expert witnesses and admissibility of testimony supporting damages
- Extraterritoriality
- Federal Circuit decisions
- Foreign Sales
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- FRAND
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- injunction
- ITC
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- Judgment as a Matter of Law
- Jury verdict form
- Laches
- Large damages verdicts
- Legislative patent damages reform
- Lost Profits
- Lost profits – market share
- Lost profits – two-supplier market
- Lost profits requires patentee product
- Lump sum awards and issues
- Market approach
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- Marking
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- Motion for Reconsideration
- Nash Bargaining Solution
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- Patent marking
- patent valuation
- Permanent injunction
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- RAND
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- Rule 702
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- Standards
- Standing
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- Subsidary
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- Supplemental Damages
- Surface Area Apportionment
- Surveys
- U.S. Government Sales and 28 USC 1498
- Uncategorized
- valuation