Uniloc USA, Inc. v. Microsoft Corp.
United States Court of Appeals for the Federal Circuit
632 F.3d 1292 (Fed. Cir. 2011)
Uniloc USA, Inc. (Uniloc) (plaintiff) obtained a patent for a software-registration system that helped to prevent unlicensed copying of software. Microsoft Corp. (Microsoft) (defendant) created a program that similarly deterred software piracy. Uniloc brought a patent infringement suit against Microsoft in the United States District Court for the District of Rhode Island. The district court granted Microsoft summary judgment, but after appeal, the case was remanded, and a jury found that Microsoft infringed Uniloc’s patent and awarded Uniloc damages of $388 million. The jury based its award on the testimony of Uniloc’s expert witness, Dr. Gemini. Gemini utilized the 25 percent rule to calculate his estimated damages and the entire market value rule to verify his estimate. Microsoft motioned for, among other things, a new trial on damages based on Gemini’s use of the 25 percent rule and the entire market value rule. The district court granted Microsoft’s motion with respect to the entire market value rule, but denied Microsoft’s motion with respect to the 25 percent rule. Uniloc appealed.
Rule of Law
Holding and Reasoning (Linn, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.