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daubert rule 702
About this tag
The Daubert rule 702 governs the admissibility of expert testimony in federal courts, including patent damages cases. On WindowsForum.com, discussions focus on how this standard applies to reasonable royalty calculations in Microsoft-related litigation. A recent thread examines the Federal Circuit's March 2026 decision in Exafer v. Microsoft, which held that Daubert does not automatically exclude damages theories based on unaccused products if a causal connection exists between the accused technology and the product's value. This ruling reversed a district court's exclusion of expert testimony and vacated summary judgment, emphasizing that courts must carefully apply Rule 702 rather than using it as a shortcut to dismiss damages claims. The case highlights ongoing debates about expert evidence standards in patent disputes involving major tech companies.
The Federal Circuit’s March 6, 2026 decision in Exafer Ltd. v. Microsoft Corp. is an important reminder that Daubert does not create a shortcut to wipe out patent damages theories simply because they use a product-based royalty base. In a precedential opinion, the court reversed a district...