Published: 3/25/16
Publication: Comparative Patent Remedies
The Patent Damages Blog recently published a post on Magistrate Judge Roy S. Payne’s recent Memorandum Order in response to a motion to exclude certain opinions of the plaintiff’s proposed expert in Metaswitch Networks Ltd. v. Genband US LLC, a case now pending in the Eastern District of Texas. Reminiscent of Microsoft v. Motorola, the magistrate will allow the expert to rely “on the W-CDMA patent pool as evidence of the FRAND rate in this case,” and to apply a multiplier of three to that rate, “based on real-world factors such as the participation rate and the value of expected cross-licenses” (Order p.4).