#reasonable-royalty

#reasonable-royalty

The decision, authored by Circuit Judge Stoll and joined by Circuit Judges Dyk and Prost, held that the United States District Court for the District of Delaware properly considered the requirements for expert testimony based on comparable license agreements to establish reasonable royalty damages. The CAFC also affirmed the district court's denial of Intuitive's request for judgment as a matter of law (JMOL) of non-infringement and agreed with the district court's finding that claim 6 of the '650 patent is not invalid for lack of written description.

excluded Rex's damages expert Douglas Kidder from testifying about the key comparable license in the case-a $10 million settlement agreement between Rex and Covidien that covered not only the '650 patent at issue, but also a related patent that had been the subject of a lawsuit (the '892 patent), eight other U.S. patents, seven U.S. patent applications, and nineteen foreign patents or applications. The district court found that Kidder had failed to adequately apportion the license payment among all these patents, rendering his methodology unreliable.