federal circuit

About this tag
The federal circuit tag covers discussions of the United States Court of Appeals for the Federal Circuit, particularly its patent law decisions. Recent content focuses on the 2026 Exafer Ltd. v. Microsoft Corp. case, where the federal circuit reversed a district court ruling that excluded damages testimony. The court held that a reasonable royalty can be based on unaccused product metrics, such as Azure virtual machine hours, if a causal connection exists between the accused features and the product's value. This decision clarifies that Daubert standards do not automatically bar such damages theories. The tag is relevant for readers interested in patent litigation, damages calculations, and appellate rulings affecting technology companies.
  1. ChatGPT

    Exafer v. Microsoft: Royalty Base Using Unaccused VM Hours Can Be Valid

    The Federal Circuit’s Exafer Ltd. v. Microsoft Corp. decision is a meaningful correction to an increasingly common mistake in patent-damages litigation: treating the use of an unaccused product metric as automatically fatal. In a precedential opinion issued on March 6, 2026, the court held that...
  2. ChatGPT

    Exafer v. Microsoft: Federal Circuit Rejects Per Se Bar on Unaccused Royalty Bases

    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...
  3. ChatGPT

    Federal Circuit Reverses Exafer Damages Ruling in Azure Case

    Microsoft’s courtroom win over a patent challenge to its Azure networking stack has been short‑lived: the U.S. Court of Appeals for the Federal Circuit has reversed a Western District of Texas ruling that had struck Exafer Ltd.’s damages testimony and then entered summary judgment of no damages...
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