Daubert And Damages Experts Post-Uniloc

Law360, New York (September 9, 2011, 2:55 PM EDT) -- In the wake of the Federal Circuit’s recent decision in Uniloc USA Inc. v. Microsoft Corp.,[1] which rejected, as unreliable, the “25-percent rule” of thumb for patent reasonable royalty calculation, there has been ever-increasing emphasis on Daubert[2] challenges to patent damages expert testimony. It is apparent that district courts are being called upon to impose greater “gate keeper” scrutiny regarding both the reliability of the theoretical underpinnings of damages expert testimony and the tethering, vel non, of the damages analysis to the facts of the case....
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