Judge Andrews excludes plaintiff’s damages expert but reserved judgment on defendant’s summary judgment motion of no damages
Judge Richard G. Andrews recently considered several motions filed by defendant Intel, including a Daubert motion to exclude plaintiff’s damages expert, a motion in limine to exclude damages testimony of an inventor of the patent in suit, and a motion for summary judgment of no damages. AVM Technologies, LLC v. Intel Corporation, C.A. No. 10-610-RGA (D. Del. Feb. 21, 2013). Judge Andrews granted Intel’s Daubert motion finding that the expert’s proposed testimony, “that a reasonable royalty can be established by one litigation settlement agreement involving a different patent” was not reliable. Id. at 1. Judge Andrews previously decided that the testimony should likely be excluded but wanted to hear testimony from the expert prior to issuing a decision. Id. at 2. After hearing testimony, Judge Andrews found that the expert’s opinion concerning reliance on one settlement agreement, was “not supported by any methodology that explain[ed] why [the agreement] by itself could be the basis for an accurate conclusion about the hypothetical negotiation over the [patent-in-suit]." Id. at 5. Judge Andrews further stated that, "[t]o say that one litigation settlement agreement relating to a different patent and executed five years after the hypothetical negotiation would have taken place . . . is the basis for an opinion is completely speculative without, at a minimum, some analysis of the litigation that led to the settlement.” Id.
Judge Andrews also granted-in-part Intel’s motion in limine to exclude damages testimony of an inventor of the patent-in-suit. Judge Andrews held that the witness could not “testify concerning damages beyond facts and information within his personal knowledge. Thus, [the witness] would not be permitted to testify about anything speculative or hypothetical, including what he would have done in hypothetical negotiations.” Id. at 3. The court excluded most of the witness’ proposed testimony finding that it was “untimely disclosed and [was] unreliable expert testimony.” Id. and 10-14.
The Court previously vacated the trial date in this case “because the Court understood that [plaintiff] did not want to proceed to trial without at least one of the evidentiary bases for a theory of damages in excess of $100,000,000. Id. at 14. However, “in view of Federal Circuit precedent,” the Court did not grant Intel’s summary judgment motion of no damages, but “held it in abeyance pending a further conference with counsel.” Id. at 14-15.