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Analysis

Priced Out: IP Damages Experts Say Daubert Is A Squeeze

Law360 (April 27, 2018, 2:05 PM EDT) -- When Samsung and Google unit Waymo were preparing for trials with hundreds of millions of dollars at stake this year, they called on the same damages expert, Michael Wagner, to back up their positions — only to see federal judges rule out some or all of his testimony under the Daubert standard.

Damages experts like Wagner say he and his peers are getting bumped while trying to find their way in a fog created by a lack of court guidance, but seasoned intellectual property attorneys instead...
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