Tag: Apportionment
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Exafer v. Microsoft: Federal Circuit Rejects Per Se Rule Against Using Unaccused Products in Patent Royalty Base
The Federal Circuit’s decision in Exafer Ltd. v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar 6, 2026), addresses a recurring and often misunderstood issue in patent damages law: whether a reasonable royalty analysis may rely on a royalty base tied to products or services that are not themselves accused of infringement. The CAFC rejected a…