Due to the dramatic impact that the Entire Market Value Rule can have on the amount of damages (by expanding the royalty base), it stands to reason that defendants would want to know as early as possible if plaintiff will attempt to apply the EMVR rule to use a larger royalty base. This California court …LEARN MORE
Following the jury’s $70 million lump-sum royalty damages verdict from July, the district court judge slashes Lucent’s award to $26 million, finding several shortcomings in Lucent’s damages position that the jury had accepted. This case deals with Lucent’s Day patent, called the “date picker” patent …LEARN MORE
Explaining its ruling to exclude plaintiff’s damages experts, this court concludes that they were “attempting to play mathematical games” and failed to apportion the royalty base …LEARN MORE
This is the first time we have seen a court disallow discussion of the profit margins of an accused product on the grounds that the patented feature was not shown to be the basis of customer demand for the product. …LEARN MORE
With the recent rulings by the CAFC regarding the “entire market value rule” in mind, it’s interesting to take a look back at the early drafts of the Patent Reform Act. …LEARN MORE