“Daubert Motion Trends in Patent Cases Reveal Significant Shifts in Damages Analyses”


In 2023, U.S. district courts ruled on 411 Daubert motions in patent cases, with 74 of these involving damages issues. A recent study by Sherry Zhang and Joanne Johnson at Ocean Tomo sheds light on the current landscape of Daubert motions in patent infringement litigation, particularly highlighting the complexity and diversity in cases related to lost profits and reasonable royalty damages opinions.
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