patent damages

  1. 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...
  2. 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...