News & Analysis as of

Expert Testimony Damages Patent Invalidity

McDermott Will & Schulte

Dim damages methods can doom bright ideas

In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd.

Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd., Appeal No. 2023-1715 (Fed. Cir. July 28, 2025) In our Case of the Week, the Federal Circuit addressed three issues arising from a...more

A&O Shearman

Evidence Exclusion And Daubert Motion Denials Must Be Supported By Valid Legal Rule And Reasoning; Damage Calculation Must Account...

A&O Shearman on

In Jiaxing Super Lighting Elec. Appliance, Co. v. CH Lighting Tech. Co., Ltd, the Court of Appeals for the Federal Circuit reviewed the judgment in a patent infringement case involving three patents owned by Jiaxing Super...more

WilmerHale

Federal Circuit Patent Watch: En Banc Federal Circuit Finds Lump Sum Settlement Licenses Insufficient to Support $X Royalty Rate...

WilmerHale on

Precedential and Key Federal Circuit Opinions - ECOFACTOR, INC. v. GOOGLE LLC [OPINION] (2023-1101, 5/21/2025) (Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, Stark) - Moore, C.J. The en banc Court reversed...more

BakerHostetler

[Podcast] The Changing Landscape: Admissibility of Experts in Patent Cases

BakerHostetler on

Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2021 #5

MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) - For those interested in an important Section 112 written description case, we recommend reading the Juno...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2019

PATENT CASE OF THE WEEK - Elbit Systems Land and C4I Ltd. v. Hughes Network Systems, LLC, Appeal No. 2018-1910 (Fed. Cir. June 25, 2019) - In this appeal from the United States District Court for the Eastern District of...more

Proskauer - New England IP Blog

Defendant’s Argument to Exclude Damages Theory Heads in the Wrong Direction

Although courts and commentators have turned up the heat on the entire market value rule (EMVR) in recent years, it can be a useful tool for a patentee to obtain significant damages where the evidence shows that the patented...more

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