Judge Connolly Denies Defendants’ Motion Seeking to Exclude Plaintiffs Damages Expert’s Opinions on Lost Profits and Reasonably Royalty in Patent Infringement Action

By Memorandum Order entered by The Honorable Colm J. Connolly in F’Real Foods, LLC et al. v. Hamilton Beach Brands, Inc. et al., Civil Action No. 16-41-CFC (D.Del. April 12, 2019), the Court denied Defendants’ motion to exclude the testimony of Plaintiffs’ damages expert, Dr. Michael P. Akemann, on lost profits and reasonable royalty. Defendants argued that “Dr. Akemann’s lost profits opinion [was] based on assumptions that are purely speculative and contrary to record evidence” and that “his reasonable royalty opinion is unreliable and must be excluded because he fail[ed] to properly apportion value between the patented and unpatented features of the accused products.” Id. at *1. Defendants did not challenge Dr. Akemann’s knowledge, training, expertise, or the facts underlying his opinions. Id. at *1-2. Ultimately, the Court found that Defendants’ challenges went to the weight of the expert’s opinions and not to…

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