July 9, 2025
This article originally appeared on Law360 on June 24, 2025.
In a recent article published by Law360, Managing Director Rick Eichmann explores the economic reasoning behind the U.S. District Court’s decision in Haptic Inc. v. Apple Inc. and why prelitigation funding forecasts should not be conflated with royalty analyses in patent litigation.
Eichmann explains how models developed for litigation funding reflect strategic, forward-looking estimates shaped by asymmetric information, not neutral assessments of patent value. The court’s decision underscores the need to distinguish between economic models based on their function, context, and intended use in legal proceedings.
The article offers practical insights for attorneys and experts navigating damages modeling, discovery boundaries, and litigation finance. It further explains why the purpose and informational context of economic models matter — and how misapplying them can distort legal outcomes.
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