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Motio, Inc v. BSP Software LLC, Brightstar Partners, Inc., and Avent, Inc.

Area of Law:

Patent Damages

Grounds:

Defendants sought to exclude Plaintiff’s expert’s report and testimony related to Plaintiff’s damages in a patent infringement case because: 1. Expert’s opinion regarding lost profits relies on an “unsupported, and speculative, assumption” that the parties control 95% of the market space. 2. Expert’s approximation of the royalty rate is arbitrary, is not tied to the facts of the case, and has no relation to the patented technology at issue. 3. The patented technology does not support the Expert’s application of the “entire market value rule” in calculating lost profits and damages. Therefore the Expert’s calculation is based on speculation and conjecture. 4. Testimony regarding total sales from 2012-2014 should be excluded because they have no connection to the accused technology or the asserted patent.

Outcome:

Denied.