Applying 'Footprint' Methodology To Prism V. Sprint

March 21, 2017

Law360, New York (March 21, 2017, 3:02 PM EDT) -- The "footprint" approach to patent damages synthesizes the profit equation P = R - C, causation, Federal Rule of Evidence 403 (probative value v. prejudicial effect), and Rule 702 (expert reliability). This framework provides a holistic and consistent way to integrate and apply the Federal Circuit’s opinions on damages issues.[1] The March 7 decision in Prism Technologies v. Sprint Spectrum[2] affirming a $30 million jury verdict illustrates yet another footprint application, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure.

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