Damages expert's testimony was limited in part
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 16, 2007.
Thynge, J. A motion in limine to limit expert testimony was granted in part. A motion for summary judgment to preclude damages for non-infringing lines was denied.
Thynge, J. A motion in limine to limit expert testimony was granted in part. A motion for summary judgment to preclude damages for non-infringing lines was denied.
Damages expert James E. Malackowski’s expert report includes calculations incorporating customers provisioned through non-infringing sales. A motion to preclude testimony regarding such calculations was denied because of material contested facts. A motion to preclude the expert’s testimony regarding non-infringing revenue from services which are not convoyed sales was granted as not probative or relevant. A motion for partial summary judgment to preclude damages for non-infringing lines was denied due to disputed material facts.
A copy of the full opinion is available here.
