This follows another serious blow dealt by Judge Dever III last December, when he dismissed Silicon Knight’s key testimony by the developer’s expert witness Terry Lloyd. Dever III called Lloyd’s damage estimates “unreliable and speculative”.
Epic at the time backed the judge’s decision up, stating, “Having exploited Epic’s intellectual property to its advantage, Silicon Knights now seeks to renege on its payment obligations under the License Agreement. It is Silicon Knights, not Epic, that has engaged in deceit, infringement of Epic’s intellectual property rights, breach of contract, and unfair business practices.”
As for his current ruling, Dever III reportedly got tired of waiting for a new breakdown of the alleged damages from Silicon Knights, he went ahead with his own $1 damages estimate.
Should Silicon Knights win the trial, however, the developer can appeal on how the damages were calculated.