Stragent, LLC v. Intel Corp.
Addressing the admissibility of expert evidence, Circuit Judge
Timothy Dyk, sitting by designation in the U.S. District Court for
the Eastern District of Texas, excluded the plaintiff's damages
expert's opinion because the expert used a
multivariate-hedonic-regression analysis, a methodology that the
court characterized as an impermissible rule-of-thumb calculation
loosely untethered to the particular facts of the case.
Stragent, LLC v. Intel Corp., No. 6:11-cv-421 (E.D. Tex.,
Mar. 6, 2014) (Dyk, J., sitting by designation).
Plaintiff Stragent sought to rely on the expert opinion of Dr.
Vellturo regarding damages. Dr. Vellturo applied
multivariate-hedonic-regression analysis in support of his
opinion. Under his analysis, Intel's accused product
included nineteen features related to reliability, availability and
service (RAS), and the feature Stragent accused of infringement was
only one of those 19 RAS features. Dr. Vellturo
