Pact XPP Technologies, AG v. Xilinx, 2:07cv563 (E.D. Tex. 5/11/12)
Judge: Roy S. Payne
Holding: Defendants’ Motion to Strike the Expert Reports and Exclude the TestimonyDENIED
Defendants objected to the Plaintiff's damages expert, claiming "1) that Mr. Nawrocki failed to properly apportion the value of the patented features, and 2) that Mr. Nawrocki improperly applies the entire market value rule. The Court found that Mr. Nawrocki had apportioned the value attributable to the patented features, and thus the Court overruled the objections. "The Court finds that Defendants criticisms go more to the weight the jury should accord Mr. Nawrocki’s opinion, and not to its admissibility. Although Defendants largely disagree with Mr. Nawrocki’s interpretation of the evidence, Defendants have not shown that Mr. Nawrocki’s apportionment methodology is unreliable or that there are no facts to support his opinion."