By Memorandum Opinion entered by The Honorable Richard G. Andrews in AVM Technologies, LLC v. Intel Corporation, Civil Action No. 10-610-RGA (D.Del., February 21, 2013), the Court granted the Daubert motion of defendant Intel Corporation seeking to exclude the proposed testimony of the expert witness on damages for plaintiff AVM Technologies, LLC. The Court found that such proposed testimony, which was based on the premise that "a reasonable royalty can be established by one litigation settlement agreement involving a different patent", is not reliable. Id. at 1. The Court also excluded most of plaintiff’s proposed inventor testimony concerning damages concluding that it was untimely disclosed and unreliable expert testimony. Id. at 3.
A copy of the Memorandum Opinion is attached.