Jan 01
An actress’ age is often a well guarded secret. Whether it is also covered under privacy laws is the subject of current litigation between Huong Hoang (aka Junie Hoang for acting purposes) and IMDb, the Internet Movie Database used by many in Hollywood to view an industry player’s profile, resume, photos and filmography. In Ms. …
Permanent link to this article: https://betweenthenumbers.net/2013/01/actress-claims-lost-profits-damages-from-imdb-revealing-her-true-age/
Dec 28
In Carnegie Mellon University vs. Marvell Technology Group (Western District of Pennsylvania, Case no. 09-290), the jury awarded $1.17 billion in reasonable royalty damages. This is one of the largest patent infringement damage awards ever. Marvel indicated it will appeal. Recently, large damage awards have not fared well on appeal, thus generating a number of …
Permanent link to this article: https://betweenthenumbers.net/2012/12/huge-patent-infringement-damage-sets-the-stage-for-further-federal-circuit-guidance-on-reasonable-royalties/
Dec 27
A Northern District of California case (Brandywine Communications Technologies, LLC, vs. Cisco Systems, Inc., Case C 12-01669 WHA), provides an analysis of the damage disclosure requirements that a plaintiff has in a patent infringement case. It applies equally to any commercial dispute. The Court started with the damage disclosures under FRCP 26(a)(1)(A)(iii), which states: A …
Permanent link to this article: https://betweenthenumbers.net/2012/12/another-example-of-a-plaintiff-waiting-too-long-before-addressing-damages/
Dec 11
Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious. For example, business valuation programs are commonly available that will spit out a result once the user inputs a few financial statistics for the subject company. Why pay thousands of dollars for …
Permanent link to this article: https://betweenthenumbers.net/2012/12/rules-of-thumb-formulaic-software-models-are-dangerous-for-damage-calculations/
Nov 17
Courts are becoming more assertive in not allowing experts to testify. Because of the success obtained when an expert can be thrown out, filings to eliminate the other side’s expert(s) are become de rigueur. This article summarizes a study on this point. A New York court in re: Wathne Imports, Ltd. v PRL USA, Inc. …
Permanent link to this article: https://betweenthenumbers.net/2012/11/ny-appellate-court-reviews-the-basics-in-allowing-expert-testimony/
Nov 10
Any insurance claim must start with a specific review of your policy. Nevertheless, the following items may be of particular interest in business interruption claims associated with Hurricane Sandy: Check your policy for whether you have coverage for storm-related flooding. Many policies contain an exclusion for floods, unless you purchased …
Permanent link to this article: https://betweenthenumbers.net/2012/11/business-interruption-insurance-reminders-for-hurricane-sandy/
Oct 23
On October 3, 2012, in Payne vs. Jones, the Second Circuit concluded that a $300,000 punitive damage award was excessive, and remanded for a new trial on punitive damages unless the Plaintiff agrees to accept a reduced award of $100,000. The compensatory damages, which remained intact, totaled $60,000, indicating a five to one ratio before …
Permanent link to this article: https://betweenthenumbers.net/2012/10/second-circuit-reduces-punitive-damages-in-a-police-brutality-case/
Oct 08
In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice. Interestingly, Judge Posner did not allow either party …
Permanent link to this article: https://betweenthenumbers.net/2012/10/posner-opinion-provides-worthwhile-damage-guidance/
Sep 22
In LaserDynamics v. Quanta Computer, Case No. 11-1440 (Aug. 30, 2012) the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new damages trial. The Federal Circuit addressed three issues of interest to the calculation of reasonable royalties. See this longer article …
Permanent link to this article: https://betweenthenumbers.net/2012/09/federal-circuit-corrects-recurring-errors-with-the-entire-market-value-rule/
Sep 21
The Securities and Exchange Commission (SEC) recently released a report required by Section 917 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The study’s legislative mandate includes addressing: 1. the existing level of financial literacy among retail investors, including subgroups of investors identified by the Commission; 2. methods to improve the timing, content, …
Permanent link to this article: https://betweenthenumbers.net/2012/09/sec-report-is-relevant-to-litigators-presenting-financial-information/
