Patent apportionment: Don’t double count damages!
Abstract: When calculating reasonable royalty damages in patent infringement cases, experts are often called upon to “apportion” the royalty base among multiple patents or between infringing and noninfringing products or product features. This article summarizes a federal district court case that excluded a damages expert’s testimony on Daubert grounds because her apportionment methodology improperly inflated the royalty base. Finjan, Inc. v. Sophos, Inc., No. 14cv01197WHO (N.D. Cal., Aug. 15, 2016) Finjan, Inc. v. Sophos, Inc., No. 14cv01197WHO, No. 324 (N.D. Cal. Sept. 8, 2016)