Cassidian Communications v. MicroData GIS, et al., 2:12cv0162 (12/3/13)
Judge: Rodney Gilstrap
Holding: Motion to Strike Damages Expert GRANTED
Judge Gilstrap issued a number of orders today reflecting rulings made at two pretrial hearings. Of particular interest was one excluding the Defendants' damages expert's testimony in its entirety because his entire opinion was based on an incorrect hypothetical negotiation date almost two years after the date infringement began. The error wasn't disputed, but defendants asserted that the record was silent as to market changes in the intervening two years, and did not come forth with evidence justifying the opinion notwithstanding the error in dates.
Finding that the expert had used such a fundamentally flawed methodology in calculating a reasonable royalty that crossexamination could not cure it, Judge Gilstrap excluded the expert's testimony in its entirety.