RE:RE:Did judges wimp out?I agree it's a bit disgusting and clearly the CAFC wasn't enthusiastic about sending it back to another damages trial. But, actually, it was Wilan's fault. The jury is, in a sense, sacred but their findings are deemed worthless if their conclusions can be shown to have been reliant on "evidence" or arguments that didn't have a sound basis. Wilan's experts presented the jury with (and, more important, the jury relied upon) "expert" conclusions that were "untethered from the facts."
Wilan has to get its ducks properly lined up and so far it hasn't. Not entirely.
Indeed, it may be that the courts have actually been soft on Wilan--maybe because they sense that there really has been infringement. I'm guessing but I suspect that if higher or lower court had been feeling intense about this they would have found a way to throw the case out.