Patent Damages
17Jan/14Off

EDTX admits plaintiff’s EMVR testimony

On November 14, 2013, Judge Schneider of the Eastern District of Texas issued an opinion in L.C. Eldridge Sales Co. v. Azen Mfg. PTE, Ltd., Case No. 6:11-CV-599 (Doc. No. 290), in which the court ruled on several issues including a motion to exclude opinions of plaintiff’s damages expert, Todd W. Schoettelkotte.  The opinion is brief on this point, but is worth noting for the fact that an expert was allowed to testify on EMVR.  The relevant portion states:

“Further, Mr. Schoettelkotte explains that the patented invention is the driving force of the system. The remaining parts—the fans, electrical wiring, etc.—are merely the vehicles to bring to life the patented invention and would not independently be consider ‘saleable units.’ Accordingly, Mr. Schoettelkotte’s opinion does not violate the entire market value rule and is admissible. See LaserDynamics, Inc. v. Qanta Computer, Inc., 694 F.3d 51, 67 (Fed. Cir. 2012). Accordingly, Mr. Schoettelkotte’s opinions are founded in valid economic principles and thus are admissible.”

 

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