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Apportionment CAFC

Haug Partners LLP

$10 Million Jury Award Reduced to $1 by Delaware District Court following JMOL Motion in Rex v. Intuitive: Federal Circuit Affirms

Haug Partners LLP on

In Rex Medical, L.P., v. Intuitive Surgical, Inc. (“Rex”), the Federal Circuit affirmed the District Court’s reduction of a jury award from $10 million to $1. At trial, with no damages experts testifying, a jury awarded $10...more

Miller Johnson

Federal Circuit Affirms $1 Nominal Damages Where Failure to Apportion Renders Damages Expert’s Testimony Unreliable 

Miller Johnson on

Rex Medical, L.P. v. Intuitive Surgical, Inc., Case No. 24-1072 (Fed. Cir. Oct. 2, 2025) - The Federal Circuit’s opinion in Rex Medical, L.P. v. Intuitive Surgical, Inc. underscores the judiciary’s strict insistence on...more

White & Case LLP

Federal Circuit Says Where Expert Evidence is Insufficient, Patent Damages Can Be Nominal

White & Case LLP on

On October 2, 2025, in Rex Medical, LP v. Intuitive Surgical, Inc., Nos. 2024-1072, 2024-1125, the U.S. Court of Appeals for the Federal Circuit affirmed a district court's preclusion of Rex's patent damages expert from...more

McDermott Will & Schulte

Damages? Apportionment among licensed properties is essential, $10 million award reduced to $1

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed a district court decision excluding a damages expert’s testimony and reducing a jury’s $10 million damages award to nominal damages. The Court found that the plaintiff...more

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