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ARTICLE · 06 APRIL 2022

Federal Circuit's WiLAN Ruling Could Affect Other Large Damage Awards

RPX Corporation
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Ruling on appeal in February, the Federal Circuit agreed with Apple that one of the same WiLAN damages experts it used in the last trial, David Kennedy, had used a flawed methodology.

United StatesIntellectual Property
RPX Corporation
RPX Corporation

The Federal Circuit has hit the ground running in the early weeks of 2022, overturning two sizable damages verdicts on February 4: the California Institute of Technology's (Caltech's) $1.1B award against Apple and Broadcom and Quarterhill Inc. subsidiary Wi-LAN Inc.'s (WiLAN's) $85.2M award against Apple. Now, recent activity suggests that at least the latter ruling could potentially have a ripple effect on other large damages awards currently on appeal. The ensuing weeks have seen the defendant-appellants in those cases cite the WiLAN opinion, which faulted a district court for allowing a flawed methodology that was "untethered to the facts of this case", as relevant authority justifying similar reversals.

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