Tag: methodology
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Court rejects expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants; Closes Case
The Court granted Unilever’s motion to exclude expert testimony on unfair trade practices and consumer expectations regarding deodorants and antiperspirants after finding deficiencies in both the experts’ facts, data, and methodology. The sample sizes were too small and the data was ambiguous and incomplete. The testing methodology also yielded unpredictable results. Consumer expectations relevant to…
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Court admits image valuation and consumer perception theories with regard to the model and talent industry provided by the Plaintiff’s experts in copyright infringement suit
Wisconsin District Court denied a motion to exclude the Plaintiffs’ expert who used his industry experience to opine on hypothetical negotiation value. The court found his valuation method reliable enough for admission, despite the Defendant’s critiques. It also permitted the Plaintiffs’ survey expert, ruling that flaws in the survey went to evidentiary weight, not admissibility.…
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Court limits fire and battery expert testimony in fatal laptop battery explosion case
This case arose from a December 2015 apartment fire in Everett, Washington that was allegedly caused by a lithium-ion laptop battery manufactured by Hewlett-Packard (HP). The plaintiff insurance company brought subrogation claims against HP for negligence and strict product liability under Washington law. The plaintiff retained two expert witnesses who opined that the fire was…
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Court admits royalty analysis on a convoyed sales approach, denied motion to exclude in Patent Infringement case
In this patent infringement lawsuit, the Court addressed Defendant’s motion to exclude Plaintiff’s damages expert under Daubert and Rule 702. The Defendant argued the expert improperly inflated the value of the patented inventions by including non-infringing products and features in his royalty calculations. However, the Court upheld the expert’s methodology. It found the expert permissibly…
