In this patent infringement case about mobile handset digital watermarking technology, a Texas court rejected the royalty rate methodology of plaintiff’s expert because the expert failed to explain, mathematically, how his survey data led to his 10% factor to apportion the value of the handset …LEARN MORE
In a case regarding mobile phone picture uploading, the Federal Circuit affirmed a $15 million jury verdict against Samsung despite its kitchen-sink appeals on claim construction, verdicts, and damages. Regarding damages, the appeals court concluded that Summit 6’s damages expert’s methodology was acceptable despite …LEARN MORE
In this case where Microsoft’s Xbox and Kinect sensors are accused of infringing a facial recognition patent, the Virginia court excludes some opinions regarding the use of comparable agreements, the Entire Market Value Rule, and the basis for a lump-sum royalty. Plaintiff’s expert, Walter Bratic, opined that royalty damages should be a running …LEARN MORE
Judge Posner, a 7th Circuit Court of Appeals judge sitting here by designation, released a bold Daubert ruling that illustrates how judges are demanding more rigorous quantification of damages. It contains strong commentary on two expert opinions and is worthy of some serious thought coming from a prominent appeals court judge. …LEARN MORE