In a ruling that highlights heated court fights over patent damages, a California federal judge has rejected a patent litigant’s bid to bar an expert’s testimony about a hypothetical lump sum the opposing party would have paid for a license on cellphone technology.
U.S. Magistrate Judge Paul Grewal ruled in HTC Corp. v. Technology Properties Ltd. that Technology Properties’ expert could testify that the company would have paid $10 million to license two high-performance microprocessor patents. In February 2008, HTC filed for a declaratory judgment that it hadn’t infringed five patents. Technology Properties and co-defendants Patriot Scientific Corp. and TPL’s patent licensing arm Alliacense Ltd., claimed that 38 HTC mobile phones infringed the patents.
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