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The current news is some arcana about an en banc appellate rehearing about EcoBee's damages expert. I won't attempt to explain the issue since I don't understan
by AlbertCory 2y ago
The current news is some arcana about an en banc appellate rehearing about EcoBee's damages expert. I won't attempt to explain the issue since I don't understand it myself.
Anyhow, I had a conversation once with Catherine Lacavera, who at the time was head of Patent Litigation. I argued that damages awards should be based on what a willing buyer pays a willing seller in other cases, not on some "hypothetical negotiation. She didn't quite understand the issue, and said their damages formulas already did take that into account.
In reality, another VP of Engineering confirmed for me that he would never agree to a royalty-based license of anything, unless it had a cap on it. I don't know where they got this $20M figure, but "damages experts" get paid the big bucks.