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Judge Andrews orders Daubert hearing to cross examine plaintiff’s damages expert regarding his methodology

Judge Richard G. Andrews recently considered Defendant Micron Technology Inc.’s motion to exclude plaintiff Semcon Tech LLC’s damages expert who estimated a reasonable royalty “for a method claim for a manufacturing process.”    Semcon Tech LLC v. Micron Technology Inc., C.A. No. 12-532-RGA (D. Del. Aug. 5, 2015).  Judge Andrews determined that he could not determine “based on the briefing” whether the expert’s methodology was sound or “whether his estimates include any required effort at apportionment.”  Id. at 1.  Therefore, Judge Andrews scheduled a Daubert hearing at which the expert would testify “subject to cross-examination.”  Id.  Judge Andrews also requested Micron advise the Court if it intended to provide an alternative theory of an appropriate reasonable royalty and to submit a letter explaining such theory.  Id. at 2.

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