Summary
The court denied Defendants’ motion to strike portions of Vasu Holdings’ damages expert Jim W. Bergman’s report. The court held that Bergman’s use of an SEC-SEA profit-sharing agreement as a starting point for his hypothetical-negotiation analysis was sufficiently reliable and did not create an impermissible analytical gap. The court also declined to strike portions of the report relying on another expert’s report.
Holdings
- The opinions were sufficiently reliable and relevant for admission because the SEC-SEA agreement served as a starting point rather than the sole basis for the conclusions, and Bergman used additional evidence and analysis to bridge the connection to the hypothetical negotiations.
- The challenged portions were not stricken because the court had denied the motion challenging Dr. Groehn's extra-profit-per-unit calculation, and Defendants offered the same grounds against Bergman's reliance on that report.
Questions Presented
- Whether portions of Vasu damages expert Jim W. Bergman's report should be stricken under Federal Rule of Evidence 702 and Daubert because his reliance on the SEC-SEA profit-sharing agreement was allegedly arbitrary, unreliable, and insufficiently connected to the hypothetical license negotiations.
- Whether portions of Bergman's report relying on Dr. Groehn's report should be stricken on the same grounds asserted in the separate motion challenging Groehn's report.
Disposition
denied
Cases Cited (10)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137, 149 (1999)(followed)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 592-93, 596 (1993)(followed)
- United States v. Valencia, 600 F.3d 389, 424 (5th Cir. 2010)(followed)
- Micro Chemical, Inc. v. Lextron, Inc., 317 F.3d 1387, 1391-92 (Fed. Cir. 2003)(followed)
- Pipitone v. Biomatrix, Inc., 288 F.3d 239, 249-50 (5th Cir. 2002)(followed)
- Mathis v. Exxon Corp., 302 F.3d 448, 461 (5th Cir. 2002)(followed)
- Sonos v. Google, 2023 WL 3933071 (N.D. Cal. June 9, 2023)(distinguished)
- Fundamental Innovation Systems International LLC v. Anker Innovations Ltd., 2025 WL 459916 (D. Del. Feb. 11, 2025)(distinguished)
- Headwater Research v. Verizon(followed by analogy)
- Droplets Inc. v. Yahoo! Inc., 2022 WL 2670163 (Jan. 12, 2022)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…