October 28, 2021

Volume XI, Number 301

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Federal Circuit Upholds Exclusion of Damages Expert Testimony

In MLC Intellectual Property, LLC v. Micron Technology, Inc., No. 2020-1413 (August 26, 2021), the Federal Circuit affirmed the U.S. District Court for the Northern District of California’s decision to exclude testimony from MLC’s damages expert.

In the underlying district court case, MLC’s expert, Mr. Milani, offered a damages calculation based separately on a comparable licensing approach and a smallest saleable patent practicing unit (SSPPU) approach. Micron filed a motion in limine and a motion to strike, to limit Mr. Milani’s testimony, as well as a Daubert motion to exclude the testimony entirely. The district court granted all three motions.

The Federal Circuit affirmed. Regarding the motion in limine, the Federal Circuit agreed that Mr. Milani made unsupported assertions concerning how lump sum agreements were tied to a 0.25% royalty rate. With the motion to strike, the Federal Circuit found that MLC had not provided all the extrinsic evidence Mr. Milani relied on, upholding the district court. Finally, the Federal Circuit affirmed the granting of Micron’s Daubert motion because Mr. Milani did not apportion damages based on nonpatented features and the agreements presented could not remedy this insufficiency.

© 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XI, Number 245
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About this Author

Matthew Karas Attorney Intellectual Property Finnegan Law Firm Atlanta
Associate

Matt Karas’s practice includes a wide range of intellectual property issues such as patent prosecution, patent application drafting, district court litigation, and U.S. Patent and Trademark Office (USPTO) proceedings. He has extensive experience in electrical and computer technologies, including automobile networking devices, application program interfaces, and digital health products.

Matt leverages his technical experience with electronics to help clients reach desirable IP outcomes. He has helped clients prosecute patent applications in a...

404-653-6439
Christina Ji-Hye Yang Patent Litigation Attorney Finnegan Law Firm Washington, DC
Associate

Christina Ji-Hye Yang focuses her practice on patent litigation and client counseling in the areas of biotechnology and pharmaceuticals, with particular emphasis on Abbreviated New Drug Application (ANDA) cases.

Christina is involved in all phases of litigation, including pre-litigation analysis, fact discovery, and expert discovery. She also has experience in Section 337 litigation at the International Trade Commission (ITC) and post-grant proceedings at the Patent Trials and Appeals Board (PTAB), including inter partes reviews (IPRs). Christina has also advised clients in...

202-408-4465
Elizabeth Ferrill Patent Attorney Finnegan Law Firm
Partner

Elizabeth Ferrill is an “undisputed expert on design patents” who is “always updated and enlightening others with her deep knowledge,” “very involved in the design bar,” and “gives her clients an outstanding service” as noted in Intellectual Asset Management Patent 1000. She focuses her practice on all aspects of design patents, including prosecution, counseling, post-grant, and litigation.

Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical...

202 408 4445
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