Court’s Damages Model for SEP Infringement Fails Apportionment Rules

Business Valuation UpdateVol. 22 No. 3
Legal and Court Case Update
March 2016

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4899 Communications Services, NEC
517312 Wireless Telecommunications Carriers (except Satellite)
intellectual property
damages, georgia-pacific, reasonable royalty, royalty base, smallest salable unit, apportionment, patent, infringement
Commonwealth Sci. & Indus. Research Organisation v. Cisco Sys.
2015 U.S. App. LEXIS 20942
December 3, 2015
US
Federal Court
Federal Circuit
United States Court of Appeals
James Malackowski (plaintiff/appellee); Christopher Bakewell (defendant/appellant)
Prost

Summary

Federal Circuit invalidates infringement award where trial court’s damages model failed to filter out value to the patent in suit accruing from its being essential to wireless standard and failed to adjust its Georgia-Pacific analysis for standardization.

See Also

Commonwealth Sci. & Indus. Research Organisation v. Cisco Sys.

Full Text of Court Cases
December 3, 2015

Federal Circuit invalidates infringement award where trial court’s damages model failed to filter out value to the patent in suit accruing from its being essential to wireless standard and failed to adjust its Georgia-Pacific analysis for standardization.

This article also appears in:
Business Valuation UpdateVol. 22 No. 3
The Comprehensive Guide to Economic Damages, Seventh Edition