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