fromPatently-O
1 week agoAn Inexact Art: Willis Electric and the Limits of Damages Gatekeeping
For the past year, the Federal Circuit has been systematically tightening the screws on patent damages and particularly pro-patentee expert testimony on the issue. Beginning with EcoFactor, Inc. v. Google LLC, 137 F.4th 1333 (Fed. Cir. 2025), the court vacated a $20 million reasonable royalty award for insufficient apportionment. Then came Jiaxing Super Lighting Electric Appliance Co. v. CH Lighting Technology Co., 146 F.4th 1098 (Fed. Cir. 2025), where the court vacated another award and suggested (in dicta) that experts must quantify their Georgia-Pacific adjustments.
Intellectual property law