Patent infringement analysis may be ‘plausible’ but still insufficient for lost profits award
AU Optronics Corp. v. LG Display Co., Ltd., 2010 WL 2720816 (D. Del.)(July 8, 2010) The U.S. District Court (Delaware) first found that the defendant infringed four of the plaintiff’s patents related to liquid crystal display (LCD) technology. It next turned to the appropriate amount of reasonable royalty and lost profits damages. Damages estimate range [...]
Expert’s discounted cash flow analysis fails Daubert test in Anheuser Busch case
Warren Distributing Co. v. InBev USA, LLC, 2010 WL 2179167 (D. N.J.)(May 28, 2010) In 2006, New Jersey passed the Malt Alcohol Beverage Practices Act—a “watershed moment in the history of brewer-distributor relationships … that led to a new world of rights and inherent value,” according to the federal district court. In particular, the law [...]
Statutory “fair value” guide now available for business and family lawyers
The 2010 update of BVR’s Guide to Fair Value in Shareholder Dissent, Oppression and Marital Dissolution is now available. In addition to the print copy, the guide provides additional online access that includes real time updates to recently published court opinions and case abstracts, new articles, conference presentations, podcasts, news and blog feeds. The Guide [...]
Stricter standards for IP evidence signaled by Federal Courts
Patent plaintiffs once considered the U.S. District court in the Eastern District of Texas one of the more favorable forums for winning damages—see, e.g., the recent $200 million jury award in i4i Ltd. Partnership v. Microsoft Corp, 2009 WL 2449024 (2009) (as digested in BVLaw). But perhaps no longer: A new case may signal a [...]
Dunn to attorneys and experts in damages cases: stay alert to the power of the discount rate
“In my experience, most lawyers don’t understand the power of numbers, and they may ignore the discount rate in preparing for trial,” attorney and author Robert Dunn told attendees at last week’s 24th Annual Seminar by the Valuation Roundtable of San Francisco in Oakland, CA. “To a lawyer, 8% versus 12% may not sound like [...]
Post-Katrina business interruption case hinges on valuation testimony
Buffman, Inc. v. Lafayette Insurance Co., 2010 WL 1509363 (La. App. 4 Cir.)(April 14, 2010) In one of the first business interruption/lost income cases to come in the wake of Hurricane Katrina, an expert’s careful, credible opinion proves critical to swaying a jury’s opinion and the court’s ultimate award. Nursing home loses numerous residents to [...]
Court increases discount rate to reflect current market conditions
Miller Bros. Coal v. Consol of Kentucky, Inc, 2009 WL 4904032 (Bkrtcy. E.D. Ky.))(Dec. 11, 2009) Cases on the appropriate discount rate are relatively rare, so even this brief discussion by a federal bankruptcy court provides current guidance to lawyers on how current economic conditions may impact value. Downturn is not an ‘act of God.’ [...]
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