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Judge Andrews Grants Defendants’ Motion to Exclude a Portion of Plaintiff’s Damages Expert’s Opinion in Patent Infringement Action

By Fox Rothschild LLP on October 21, 2019
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By Memorandum Order entered by The Honorable Richard G. Andrews in TC Technology LLC v. Sprint Corp., Civil Action No. 16-153 – RGA (D.Del. October 18, 2019), the Court granted Defendants’ motion to exclude a portion of Plaintiff’s damages expert’s opinion relating to a 5% royalty rate after finding that (1) the opinion failed to analyze the comparability between the patent-in-suit and the VoIP patents; (2) the VoIP patents are no longer part of the case and, therefore, a VoIP-related damages assessment is irrelevant to the issues remaining; and (3) any evidence about the VoIP patents would only serve to confuse the issues, mislead the jury and/or waste time.

A copy of the Memorandum Order is attached.

  • Posted in:
    Intellectual Property
  • Blog:
    Delaware Intellectual Property Litigation
  • Organization:
    Fox Rothschild LLP

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