Expert Is Not Permitted to Testify to Alternate Hypothetical Negotiation Dates Where No Hypothetical Negotiation Was Conducted for those Alternate Dates
Open Text v. Box: District Court Holds That Box Can Present Damages in the Form of a Fully Paid-Up Lump Sum Payment Even Though Such an Award Might Preclude a Later Injunction
Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the Patented Feature Alone Motivated Survey Respondents to Purchase the Accused Devices
Court Excludes Defense Damage Expert’s Royalty Base Where Expert Based Royalty Base Solely on “Inventive Aspects” of Patent and Not on All Claimed Elements