Calculating Patent Damages: Key Developments and Notable Cases Explored
In February 2022, the United States Court of Appeals for the Federal Circuit (CAFC) revoked the decisions on Apple Inc. v. Wi-LAN Inc. and California Inst. of Tech. v. Broadcom Ltd. due to flawed expert’s opinion. This resulted in the vacation of previous verdicts of $85 million and $1.1 billion and the remand of new trials on damages. This notable development underscores the significance of an expert’s opinion to be tethered to the facts of the case to ensure its admissibility. As these, and other notable court rulings, provide considerable implications for the calculation of patent damages moving forward, plaintiffs and practitioners alike must [...]