In Veritas v. Microsoft (W.D. Wash. Feb. 26, 2008), Microsoft was trying to discredit Veritas's expert on damages. The court summarized his resume: "Michael J. Wagner is a C.P.A. and attorney with extensive experience serving as an expert in federal and state litigation regarding the calculation of commercial damages." In his deposition the attorney for Microsoft really got to him:
Q: Not to be rude, but basically you considered all this information and then you kind of sit back and you just decide in your mind what you think is fair given the information you considered.
A: That's not an unfair characterization of what I do.
Ouch. Nonetheless, the Court was "not persuaded by this one statement that Mr. Wagner's damages testimony is impermissibly speculative. His report is 123 pages long and contains a thorough and reasoned analysis."
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