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]."

Fujifilm Corporation v. Motorola Mobility Holdings, Inc. et al, 3-12-cv-03587 (CAND April 8, 2015, Order) (Orrick, J.)