Sargon Enterprises v. University of Southern California
Analysis Group client University of Southern California (USC) prevailed in the damages phase of a California state court lawsuit brought by Sargon Enterprises. At issue was the amount of lost profits resulting from an improperly implemented clinical trial of the dental implant. In an earlier phase of the case, the plaintiff had successfully argued that USC failed to properly implement the study protocol and breached the Clinical Trial Agreement between the two parties. Working with law firm Quinn, Emanuel, Urquhart & Sullivan, LLP, Analysis Group Managing Principal Jeffrey Kinrich critiqued the analysis of the opposing expert, whose damages estimates ranged from $220 million to $1.1 billion, based on his claims about the potential market share of the plaintiff's implants and depending on how innovative the jury found the product. The Los Angeles Superior Court judge excluded the testimony of plaintiff's damage expert, noting that "it invites a verdict of pure speculation." In upholding the lower court's decision, the California Supreme Court ruled unanimously in our client's favor, thereby confirming the existence of a Daubert-like standard under California law. Mr. Kinrich was supported by Analysis Group Vice President Mark Gustafson.
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