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The Use of Market and Industry Data in Patent Damages: The Two Approaches under Federal Rule of Evidence 703

Whether calculating lost profits or performing a 'reasonable royalty' analysis under the <i>Georgia-Pacific</i> factors, a damages expert in a patent case is required to consider a large variety of data ' not just data from the plaintiff or the defendant, but also data from third-party sources, such as trade industry publications or market analyst reports. The admissibility of an opinion based on third-party information, however, has been a source of conflict since 1993, when the U.S. Supreme Court decided <i>Daubert v. Merrell Dow Pharms., Inc.</i>

12 minute read December 29, 2006 at 08:27 AM
By
Christine Byrd And Randall L. Jackson
The Use of Market and Industry Data in Patent Damages: The Two Approaches under Federal Rule of Evidence 703

Whether calculating lost profits or performing a 'reasonable royalty' analysis under the Georgia-Pacific factors, a damages expert in a patent case is required to consider a large variety of data ' not just data from the plaintiff or the defendant, but also data from third-party sources, such as trade industry publications or market analyst reports.

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