Friday, July 15, 2011

Splitting the difference doesn't work in damages

docketreport notes of a Lucent v. Gateway case:

[Plaintiff's expert] posits that around $70 million, both [parties] would realize that they would be giving up too much if they held out any longer and would therefore agree to meet in the middle of the $0 to $138.7 million range. . . . The Court agrees that this analysis is not based in sound economic principles and factual predicates as required under the law. . .


Blogger New said...

At some point the world of patent litigation will have to address the damages issue. Quite a bit in these determinations is left to judicial discretion, which often leaves the parties with inadequate guidance as to how to proceed or what to expect.

8:19 PM  

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