Orders Gutting NPE’s Damages Case Right Before Trial Head to Federal Circuit

February 6, 2020

The Federal Circuit has granted interlocutory review in MLC Intellectual Property, LLC’s (MLC IP’s) long and winding flash memory litigation against Micron, agreeing to address a series of district court orders that excluded the testimony of the plaintiff’s two damages experts—leaving it with no damages case before an impending trial. District Judge Susan Illston of the Northern District of California acknowledged the unique circumstances at hand in her October 2019 order certifying those orders for interlocutory review, holding that she could not resolve the issue at the summary judgment stage because no Federal Circuit authority directly addresses the proper course of action when a plaintiff’s entire damages case has been eliminated.

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