Tag: reasonable royalty
-
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…
-
EcoFactor v. Google: En Banc Federal Circuit Tightens Daubert Review of Patent Damages Experts
In a closely watched en banc decision issued on May 21, 2025, the Federal Circuit reversed the district court’s denial of a new trial on damages in EcoFactor, Inc. v. Google LLC, No. 2023-1101. The court held that the trial court abused its discretion by admitting expert damages testimony that was not based on sufficient…