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Patent Damages Analysis
The determination of damages for patent infringement by way of a reasonable royalty is no simple matter, typically requiring sophisticated expert opinion testimony. Generally, an accounting, licensing, or economics expert will need to consider evidence relating to as many as 15 separate evidentiary factors which are relevant to the reasonable royalty determination, and be asked to reconstruct a hypothetical negotiation between the parties had they willingly negotiated a royalty prior to the commencement of infringement. He or she must properly determine the bounds of such a hypothetical negotiation, and whether the determined royalty rate should be applied to the value of the entire infringing product, or only to a subset of that product.
Given the complexity of the task, patent damages expert opinion testimony is often the subject of a so-called Daubert motion, where a party seeks to exclude a portion or all of a damages expert's proposed testimony as set forth in his or her expert report under Fed. R. Evid. 702 and/or 703. Faced with such a motion, courts undertake the task of considering whether the expert has formed opinions based on reliable methods, and whether the expert has the suitable, relevant expertise to form the opinions at issue. Even if the Daubert hurdle is met, the expert will face a second challenge in presenting his or her opinions to the court or jury in a credible manner. Several practical tips for meeting these challenges are addressed below.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.