In Provisur Technologies, the Federal Circuit emphasized the necessity of particularized apportionment evidence for patent royalty determination, indicating a tougher standard for patent owners in future cases.
Chief Judge Moore's opinion in Provisur not only partially reversed a significant jury verdict but also foreshadowed the evidentiary trends likely to be addressed in the forthcoming en banc rehearing of EcoFactor v. Google.
This decision reflects a shift in how the Federal Circuit evaluates damages in patent cases, particularly favoring manufacturers accused of infringement by imposing stricter evidence burdens on patent holders.
The Provisur ruling may serve as a compelling precedent, as it underscores the Federal Circuit's demand for clarity and specific evidence in determining the applicable royalty base for patented technology.
#patent-infringement #federal-circuit #damages-apportionment #provisur-technologies #legal-precedent
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