On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s decision in an interlocutory appeal brought by MLC Intellectual Property, LLC (MLC) regarding orders that precluded certain opinions of MLC’s damages expert in its infringement suit against Micron Technology, Inc. (Micron). The orders precluded the expert from 1) characterizing specific license agreements as reflecting a 0.25% royalty; 2) discussing a reasonable royalty rate when MLC failed to provide essential information and documents related to its damages theory when requested prior to expert discovery; and 3) discussing the royalty base and rate because the expert did not apportion for non-patented features.
Recent Posts
- Former USPTO Solicitor Urges Squires Confirmation, Accuses Acting Director of Overreach
- Other Barks & Bites for Friday, September 12: Novartis Loses Challenge to IRA Drug Price Negotiation Program; Lutnick Wants a Share of University IP Licensing; and EUIPO Announces First Copyright Conference
- Government Taking a Cut of University Royalties Would Threaten Bayh-Dole’s ROI
- Conservatives Appeal to Lutnick’s Inventor Roots in Urging Him to Drop ‘Patent Tax’ Proposal
- PTAB Turbulence: A Good Time to be a Patent Owner