patent damages

  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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