Brocade Communications Systems, Inc. v. A10 Networks, Inc. (I)
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 ...
AVM Technologies, LLC v. Intel Corporation (I)
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 ...
Georgia-Pacific Gives Experts ‘Multitudinous’ Leeway in Rate Analysis
Federal district court finds “multitudinous” Georgia-Pacific factors allow for flexibility and permissible degree of imprecision in expert’s royalty rate analysis.
Federal Circuit Discredits Expert for Using ‘Discarded’ 25% Rule
Federal Circuit reverses $8.3 million award because expert used the “now discarded” 25% rule of thumb and conducted a “superficial” Georgia-Pacific analysis to reach unrealistic conclusions.
May IP Experts Rely on Post Hoc Licenses in Calculating Royalties?
Federal Circuit affirms $115 million damages award for infringement, affirming expert’s reliance on a licensing agreement that took place two years past the date of the hypothetical negotiation.