SSL Services, LLC v. Citrix Systems, Inc.
District court denies defendants’ post-trial challenge to $10 million jury award finding the fact that the patent assignee at the time of the hypothetical negotiation was worth less than its single patent-in-suit does not control the assessment of patent ...
Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc.
District court finds damages expert’s model for reconstructing market and allocating share to plaintiffs based on a “but for” world, is too speculative to establish causation under the Panduit test and disallows lost profits; however, the court awards rea ...
Difficulty in Calculating Royalty Base No Defense Under Daubert
In Daubert challenge, district court finds expert misapplied entire market value rule (EMVR) in royalty calculation; although he used the “smallest saleable unit” featuring patented device, he did not account for unit’s other components in determining a r ...
Expert’s Apportionment Cannot Save Flawed Royalty Calculation
District court vacates patent damages because of expert’s use of the entire market value for reasonable royalty calculation, where the patented features did not drive consumer demand; apportionment of damages between the product’s patented and unpatented ...