Today, an E.D. Tex. jury in Wi-LAN v. Apple returned a verdict that the asserted claims 1 and 10 of Wi-LAN’s RE37,802 Patent (“the ‘802 Patent”) were invalid and not infringed by Apple. The ‘802 Patent has been a centerpiece for Wi-LAN’s prolific patent litigations and settlements thereof. Wi-LAN has asserted that the ‘802 Patent
Expert’s damages calculation based on value of entire standards-compliant product violates Entire Market Value rule (Wi-LAN v. Alcatel-Lucent)
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Over the past few years, courts have begun cracking down on improper damages theories. The Federal Circuit’s 2012 opinion in LaserDynamics v. Quanta is instructive on this point, noting that in the absence of evidence that the patented functionality is the source of the demand for the entire product, then damages must be based on…