“Approximation and Uncertainty” in Patent Damages: The Federal Circuit Draws the Admissibility-Weight Line

Damages have become one of the most closely watched—and fiercely litigated—issues in modern patent litigation. In recent decisions, the Federal Circuit has sharpened its focus on district courts’ gatekeeping obligations for damages expert testimony and seemingly signaled a greater willingness to police analyses that rest on unsupported assumptions. But proving patent damages under the governing reasonable-royalty framework inevitably involves judgment calls and imprecision.... By: Morrison & Foerster LLP - Federal Circuitry