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Akin Gump Strauss Hauer & Feld LLP

Patent Damages Based on Avoided Costs Do Not Invoke the Entire Market Value Rule

Akin Gump Strauss Hauer & Feld LLP on

In ruling on a recent motion to strike, a judge in the Eastern District of Texas permitted a damages expert to rely on a damages theory based on defendant’s “avoided costs,” holding that this theory did not run afoul of the...more

Fish & Richardson

En Banc Federal Circuit Grants Google a New Trial in EcoFactor Case

Fish & Richardson on

On May 21, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, released its opinion in EcoFactor, Inc. v. Google, LLC. In an 8-2 decision, the court reversed a $20 million jury verdict, holding that the...more

Faegre Drinker Biddle & Reath LLP

Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis Requirement for Admissibility of Expert Opinions in Newsome v....

Faegre Drinker Biddle & Reath LLP on

In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more

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