Summary
Court majority says jury award was based on insufficient evidence because expert’s damage theory envisioned a premium freedom-to-operate license based on past sales of noninfringing products; dissent says expert’s hypothetical negotiation reflected real world concerns and supported award.
Enplas Display Device Corp. v. Seoul Semiconductor Co.
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See Also
Federal Circuit Majority Says ‘Premium’ License Calculation Includes Noninfringing Products
Court majority says jury award was based on insufficient evidence because expert’s damage theory envisioned a premium freedom-to-operate license based on past sales of noninfringing products; dissent says expert’s hypothetical negotiation reflected real world concerns and supported award.