Court Doubles Down on Apportionment for Multifunctional Smallest Salable Unit

BVLaw
Court Case Digests
January 10, 2018

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7372 Prepackaged Software
511210 Software Publishers
intellectual property
damages, patent infringement, royalty rate, expert testimony, reasonable royalty, royalty base, smallest salable unit, apportionment
Finjan, Inc. v. Blue Coat Systems, Inc. (II)
2018 U.S. App. LEXIS 601
US
Federal Court
Federal Circuit
United States Court of Appeals
Dr. Anne Layne-Farrar (plaintiff); Julie Davis (defendant)
Dyk

Summary

Federal Circuit strikes down portion of damages, finding expert’s royalty base was unsupported because she merely apportioned to the “smallest identifiable technical component,” which itself was a multicomponent software engine that performed both noninfringing and infringing functions.

See Also

Finjan, Inc. v. Blue Coat Systems, Inc. (II)

Full Text of Court Cases
January 10, 2018

Federal Circuit strikes down portion of damages, finding expert’s royalty base was unsupported because she merely apportioned to the “smallest identifiable technical component,” which itself was a multicomponent software engine that performed both noninfringing and infringing functions.

This article also appears in:
The Comprehensive Guide to Economic Damages, Seventh Edition