An Appellate Ruling Narrows a Long-Running Software Patent Fight
The court vacated the damages award but left liability intact, sending the number — not the question — back for retrial.
An appellate panel vacated the damages award in a long-running software patent case while affirming the underlying liability finding, remanding for a new trial limited to damages.
What survived and what did not
Liability stands. The panel took issue with the royalty base the plaintiff's expert used, holding it was not apportioned to the patented feature — the same defect that has undone several large awards in this line of cases.
What it is worth
A vacated award is not a win, but it resets the anchor. Retried damages in comparable remands have landed well below the original figure more often than not.
The accrual question
The defendant had reserved against the original award. Whether that reserve is released, held, or partially released is the disclosure to watch next quarter.