Patent Damages
8Oct/14Off

EDTX rejects arguments that expert should have included sunk costs and did not apportion

Posted by Chris Marchese

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.