In WesternGeco LLC v. ION Geophysical Corp., Case No. 4:09-CV-1827 (SDTX), the court issued an opinion on July 16, 2012 and another opinion on July 19, 2012 excluding the plaintiff’s expert from testifying on reasonable royalty damages. The two opinions were directed at different defendants. The plaintiff was accusing a number of “surveys” conducted using defendants’ products.
The district court upheld jury verdict that was based on an application of the entire market value rule. According to the Court, there was substantial evidence to support the jury’s use of the entire value of the accused bandage as the royalty base. According to the Court, the plaintiff presented evidence showing that the patented p-GlcNAc component in the product drove sales of the product, and the defendant did not effectively undermine this evidence, and thus the jury’s use of the entire product as the royalty base was appropriate.