France Telecom S.A. v. Marvell Semiconductor, Inc., 3-12-cv-04967 (CAND August 28, 2014, Order) (Orrick, J.)
Tuesday, September 2, 2014
Damages Expert May Testify Concerning Running Royalty Cap
The court denied plaintiff's motion in limine to preclude the testimony of defendant's damages expert that a running royalty may be capped. "Georgia-Pacific factor #11 is '[t]he extent to which the infringer used the invention and any evidence probative of the value of that use.' Accordingly, [defendant] is free to argue, based on actual use of the patented method (i.e., the 'book of wisdom'), that a running royalty would not exceed a certain amount. But this is only one of several relevant factors in the reasonable royalty inquiry; [plaintiff] will have the opportunity to attack this opinion at trial and to emphasize other factors."