Patent Damages

EDTX denies motion to exclude expert’s patent valuation opinion

In Intellectual Ventures II v. Sprint Spectrum, Case No. 2:17-cv-00662-JRG-RSP (E.D. Tex. April 11, 2019), Judge Roy Payne denied defendants’ motion to exclude patent valuation opinions by Dr. Douglas A. Chrissan. Defendants argued that Dr. Chrissan was not sufficiently qualified to perform patent valuation “as he does not have any ‘experience with patent valuation whatsoever.’” Slip op. at 1. The basis for the denial was because Dr. Chrissan had served in a similar role in another case between some of the same parties; defendants had raised the same challenge there as they did in this motion; and the court had concluded that Dr. Chrissan was “sufficiently qualified in the [other] case to perform an analysis that is very similar to the analysis conducted here.” Id. The court noted that, because of his earlier experience in the other case, “Chrissan has even more experience than he did before.” Id. at 2.