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7/10/2013 · Damages

Neither Expert Nor Inventor Allowed To Opine On Reasonable Royalty Damages

By: David Nolte

A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.

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6/18/2013 · Damages

Lost Compensation Settlement Tool Allows You To Assess Economic Damages Accurately And Efficiently, Under Various Scenarios

By: David Nolte

Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.

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5/21/2013 · Damages

Supreme Court Brings California Closer to the Federal Expert Witness Admissibility Standard

By: David Nolte

In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.

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4/12/2013 · Computer Forensics

The Northern District Court of California Provides Useful ESI Guidelines That Should Be Duplicated

By: David Nolte

Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis.

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3/11/2013 · Damages

Rules Of Thumb And Other Short-Cuts Are Dangerous For Damage Calculations

By: David Nolte

Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious.

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1/22/2013 · Damages

Posner Opinion Provides Worthwhile Damage Guidance

By: David Nolte

In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.

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11/2/2012 · Computer Forensics

How To Get The Discovery You Need From Your Opponent

By: David Nolte

An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.

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8/27/2012 · Expert Witnessing

Avoiding Common Mistakes When Selecting An Expert Witness

By: David Nolte

The following suggestions result from my experience serving as a witness, watching hundreds of other expert witnesses, and locating witnesses when servings as a confidential consultant. They are intended to help attorneys avoid common mistakes in selecting an expert witness.

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6/26/2012 · Appraisal & Valuation

Buyer Beware - The Alphabet Soup Of Appraisal Credentials

By: David Nolte

Appraisal disciplines have a confusing array of credentials. This occurs because:

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4/11/2012 · Intellectual Property

Intellectual Property: Getting More Money From Licenses

By: David Nolte

Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

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selected resources

Miracles

by Olen R. Brown, PhD

Least Restrictive Transportation Environment Continuum: What Every IEP Committee Should Know

by Ray Turner, EdD

Continuous Soil Gas Measurements: Worst Case Risk Parameters

by Lorne G. Everett, PhD, et al