A Detailed Study of Court Decisions on Admissibility of Intellectual Property Damages Experts

Deepa Sundararaman and Cleve B. Tyler coauthored this study—the first of its kind—in which they performed a systematic and in-depth review of court decisions that excluded intellectual property (IP) damages expert witness testimony. Written from the vantage point of an IP damages expert, the study evaluated more than four hundred Daubert orders covering nearly 1,300 decisions over a six-year period (from 2015 through 2020). The authors analyze the substantive reasons for admissibility challenges; dissect trends in expert testimony exclusion, including the impact of the Supreme Court’s Heartland decision on exclusion rates; and conclude with observations of substantial disparities in exclusion rates among judges.

This study provides practical approaches in calculating damages, making it a worthwhile publication for IP practitioners.

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