The expert constructs a hypothetical negotiation, applies the Georgia-Pacific factors, performs apportionment, and identifies comparable licenses. Lost profits analysis applies the Panduit framework.
Apportionment methodology is the principal challenge area.
Alternative Names:
IP Damages Expert|Patent Damages Expert
Why it Matters?
Comparable license selection is the most contested input, since experts frequently rely on licenses covering different technology, different scope, or settlement agreements that reflect litigation risk rather than technology value, and the Federal Circuit has repeatedly excluded opinions resting on non-comparable agreements. Settlement licenses in particular face scrutiny because their pricing reflects avoided litigation cost.
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Frequently asked questions
What input is most contested?
Why do settlement licenses face scrutiny?
