Thursday, November 17, 2005

MicroStrategy loses at the CAFC; an appalling expert report

The CAFC affirmed the EDVa on all issues but one, and on that one issue, the plaintiff-appellant MicroStrategy may not benefit much. The decision shows the harm that can be done by a poorly-constructed damages report.

Judge Rader wrote the opinion, which tackles atypical Federal Circuit fare in a different way.

There is a cite to Daubert v. Merrell Dow, 509 U.S. 579, as well as to Kumho Tire, 526 U.S. 137. The CAFC cited to the underlying district court decision about an expert report: "[t]his report does not pass the red face test. It does not pass the Daubert test... I frankly was appalled at it."

(post 997)


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