In the recent high-profile Samsung and Waymo trials, damages expert Michael Wagner was employed to back up both companies’ positions, though federal judges ended up ruling out some or all of his testimony under the Daubert standard. Many intellectual property attorneys believe this as an example of judges finally holding patent damages experts to the same rigorous standards as other expert witnesses. David S. Becker, a member of Freeborn’s Litigation and Intellectual Property practice groups, is among the attorneys Law360 interviewed for its story on this topic. In the article, Mr. Becker was quoted: “When (damages experts) start to try to look like an industry fortune teller we start to have problems.” The article, “Priced Out: IP Damages Experts Say Daubert Is A Squeeze,” was published April 27, 2018, by Law360.
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