Elbit Systems Land and C4I Ltd v. Hughes Network Systems, LLC

 
APPEAL NO.
18-1910
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Taranto

Question(s) Presented

“Whether an expert who relies on an allegedly comparable agreement to calculate reasonable-royalty damages must: 1. perform an apportionment analysis that applies to the facts of the case, rather than merely assume that apportionment is automatically ‘built in’ to the comparable agreement; and 2. adjust the proposed royalty rate to ‘account for’ the technological and economic differences between the comparable agreement and the hypothetical negotiation.”

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