Intellectual Venture I LLC v. Symantec Corporation, C.A. No. 10-1067-LPS, January 23, 2015 (Memorandum Order).

Stark, C. J. The court resolves disputes regarding jury instructions.

The court finds defendant’s view of the entire market rule overly narrow and provides a cautionary jury instruction at the time plaintiff’s expert first references its theory of damages, and again as part of final instructions. If plaintiff does not establish that the patented invention drives the demand for the entire product, the royalty must be apportioned.  The court provides additional instructions for “Patent Damages Generally,” “Reasonable Royalty,” and “Georgia Pacific Factors.”