Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

GoDaddy.com LLC v. RPost Communications Limited

Area of Law:

Patent infringement

Grounds:

Plaintiff GoDaddy moved to exclude Defendant's damages expert Gregory Smith's testimony under FRE 702, asserting two grounds: (1) Smith inappropriately accounted for non-infringing features in his royalty rate analysis rather than apportioning the royalty base, and (2) Smith used the entire revenue of the accused product as the royalty base, he necessarily applied the entire market value rule ("EMVR") but failed to demonstrate that the patented features form the basis of consumer demand.

Outcome:

The court excluded the entire report of Defendant's damages expert, but allowed a do-over.

Analysis:

View the analysis