In this patent infringement action, the defendant, Varian Medical Systems, provided an expert report on damages that did not state a royalty rate for the accused products. The district court termed this a tactical decision. “By the way of background, Defendant Varian made the tactical decision to have its expert not state any royalty rate for the sales …”
Varian subsequently filed objections to the district court’s final jury instructions with respect to damages and sought to clarify the jury instructions so that it could argue to the jury reasonable royalties may consist of the sale of one component but there should be no royalty on the sale revenue of the combination of various components. “Alternatively, Varian seeks to argue to the jury that ‘if the jury is to award any royalty on the revenue from the Clinac or Trilogy that royalty should be small given, that Varian contributed to the combination.'”
Continue reading