Patent Damages

EDTX Allows Defendant’s Damages Reduction Based on Foreign Sales But Disallows in Part Defendant’s Government Sales Reduction

On April 16, 2012, in PACT XPP Technologies, AG v. Xilinx, Inc., Case No. 2:07-CV-563-RSP (EDTX), Magistrate Judge Payne issued an order on PACT’s motion to exclude opinions of Xilinx damages expert Mary Woodford regarding non-U.S. sales and U.S. government sales.  Woodford opined that PACT’s damages base was too large because it impermissibly included sales of accused products that occurred outside the U.S. and included sales to the U.S. government.  PACT argued that Woodford’s opinions were not supportable and moved to exclude her proposed reductions in the damages base.