The court denied defendant's motion in limine to exclude the value of certain components from the royalty base because "the damages that are awarded from infringement of a dependent claim cannot exceed those that are awarded from infringement of the independent claim from which it is derived.” “In support of its proposition, [defendant] cites only a footnote from Wahpeton Canvas Co. v. Frontier, Inc., 870 F.2d 1546, 1553 n.10 (Fed. Cir. 1989). This Court will decline [defendant's] invitation to extend the dicta in Wahpeton into the promulgation of a rule of law by the Court of Appeals for the Federal Circuit."
University of Pittsburgh v. Varian Medical Systems, Inc., 2-08-cv-01307 (PAWD February 10, 2012, Order) (Schwab, J.)