Patent Damages

EDTX considers post-trial motions re the intersection of patent misuse and damages, EMVR, and ongoing royalties

Posted by Chris Marchese

The Eastern District of Texas in Soverain Software LLC v. J.C. Penney Corp., Case No. 6:09-CV-274 (E.D. Tex., Aug. 9, 2012), issued an opinion that addresses the cross-section of patent misuse and damages, the entire market value rule for a patented on-line ordering system, and ongoing royalties.  All three issues are interesting and worth consideration.  In particular, the conclusion on EMVR seems flawed and will be a good issue for appeal.  Similarly, there are substantive issues for appeal for the ongoing royalties analysis.