By
Fish & Richardson PC
The
Southern District of Florida, Judge Kevin Michael Moore presiding, in Prisua
Engineering Corp v. Samsung Electronics Co., Ltd., Civil Action
16-cv-21761-KMM (S.D. Fla. Feb. 13, 2017), issued a pre-trial order regarding
reasonable royalty rate evidence: (i) excluding evidence of a licensing fee to
the extent it was obtained from pre-litigation negotiations; (ii) excluding
evidence of Samsung’s net worth; and (iii) allowing evidence of Samsung’s prior
litigation as a basis for calculating a reasonable royalty. The Court also
denied the parties’ Daubert motions:
holding (i) Priusa’s expert’s consideration of pre-suit licensing negotiations
was proper; (ii) Priusa’s challenge to “post-hypothetical evidence” went to
weight not admissibility; and (iii) Samsung’s expert’s consideration of
lump-sum licensing agreements was proper even though Prisua was not seeking a
lump sum.
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