Fujifilm Corporation v. Motorola Mobility Holdings, Inc. et al, 3-12-cv-03587 (CAND April 8, 2015, Order) (Orrick, J.)
Wednesday, April 15, 2015
Expert’s “Bundled License” Opinion Not Inadmissible
The court denied defendant's motion in limine to exclude the testimony of one of plaintiff's damages experts that the parties would have agreed to a bundled license. "According to [defendant], by assigning to each accused product the same per-unit royalty payment – irrespective of how many of the patents in suit that product is actually accused of infringing – [the expert's] bundled license opinion awards to [plaintiff] a reasonable royalty in excess of that adequate to compensate 'for the use made of the invention.'. . . [Plaintiff's expert] provides substantial evidence in support of his opinion that the parties would have agreed to a bundled license specifying the same per-unit royalty payment for each accused product, including a review of more than twenty-five bundled license agreements previously entered into by either [party]."