Patent Damages

EDTX issues Daubert ruling on FRAND damages including “top down” approach

Posted by Chris Marchese

The Eastern District of Texas, in Metaswitch Networks Ltd. V. Genband US LLC, Case No. 2:14-cv-00744 (Judge Payne) (March 7, 2015), addressed a number of issues in a FRAND case involving an IETF standard.  Specifically, defendant moved under Daubert to exclude certain opinions of plaintiff’s damages expert Matthew R. Lynde.  The court granted in part and denied in part the motion.


Judge Davis would make a good damages expert (CSIRO v Cisco)

Posted by Justin Barnes

On July 23, 2014, Judge Davis of the Eastern District of Texas issued findings of fact and conclusions of law regarding damages figures in CSIRO v Cisco, Case No. 6:11-cv-00343-LED.  Infringement and validity were stipulated, and the parties agreed to a bench trial on damages, which lasted four days.  CSIRO’s ‘069 patent related to IEEE 802.11 wireless standards (excluding 802.11b).

There was an allegation that CSIRO had made a RAND commitment to the IEEE regarding one of the 802.11 standards (802.11a), but Judge Davis put very little emphasis on this point, as CSIRO had volunteered to license the ‘069 patent anyway (even for 802.11 standards where there were no RAND commitments) and the number of accused products involving 802.11a was less than 0.1% of the total accused products.