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.
Litigation
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Miami Beware: Patent Clouds Are Quickly Approaching the Sunshine State
- CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction
- CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious
Recent Posts
- The Copyright Claims Board: A Venue for Pursuing Actual or Statutory Damages Impacting Both Registered and Unregistered Works
- IP Goes Pop! – Intellectual Property and a ‘Wacky’ Professor – Brands and Inventions in the Springfield Universe, Part II
- How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco
- Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’
- Other Barks & Bites for Friday, August 12: Canada to Add Resale Royalties to Copyright Law, Fifth Circuit Affirms Exclusion of Evidence in ‘Call of Duty’ Copyright Suit, and Ninth Circuit Rejects Trademark Appeal in Yoga Pants Case