Daubert Challenge

Market Approach Withstands Daubert Challenge in Court Ruling

A recent ruling in the StoneEagle Services Inc. v. Pay-Plus Solutions, Inc. case in Florida has validated what many damages experts already know.

The most effective way to survive a Daubert Challenge is to have sound data to defend your analysis.

In StoneEagle Services Inc. v. Pay-Plus Solutions, Inc, the plaintiff’s damages expert, Mr. Weston Anson, was challenged for not properly applying the Georgia-Pacific Factors, and particularly, for his use of Market Approach in determining reasonable royalty rate. According to the court ruling, Mr. Anson utilized the Market Approach by gathering over 106,000 license agreements from databases like ktMINE and performing a rigorous analysis to identify 7 comparable agreements. Despite the defendant’s calling to throw out Mr. Anson’s testimony because the Market Approach is not approved by the courts, the plaintiff’s counsel successfully defended Mr. Anson’s use of Market Approach, by showing, among other evidences, that Mr. Anson’s “rigorous and time consuming analysis” of the comparable data collected from ktMINE and other sources had established the “discernible link” between the comparable licenses and the patents-litigated, as required by the Federal Courts.

The court ruled that Mr. Anson’s testimony based on Market Approach would be allowed, indicating that comparable royalty analysis based on the data in royalty databases such as ktMINE is admissible in Federal Courts.

ktMINE has been capturing Market Rates for years and has seen its data withstand many Daubert Challenges like this in the past. Through our data integrity and access to full-text documents you too can build an analysis that can be defensible in court.

Contact us today to use a database that can stand up to a Daubert Challenge.

About the author: ktMINE
ktMINE
Based in Chicago, IL, ktMINE collects, organizes, and connects transactional and IP data to help you quickly and confidently perform research. ktMINE then take that data and turn it into real, actionable insights. Because ktMINE believes that there’s a big difference between data and intelligence.