Patent Damages

Judge Davis EDTX vacates $625M verdict against Apple

On April 4, 2011, Judge Davis of the EDTX issued a 44-page JMOL opinion in Mirror Worlds, LLC v. Apple, Inc., Case NO. 6:08 CV 88, in which Judge Davis wiped-out a $625M verdict against Apple.  The Judge found no direct infringement on 2 patents and no doctrine of equivalents infringement on the 3rd.

The opinion includes a lengthy discussion of damages.  Topics addressed include:

-       Georgia Pacific analysis for reasonable royalty

-       Entire market value rule

-       Apportionment

-       Consumer surveys

-       Royalty base

-       Royalty rate

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