Extract to table

Solstice acknowledges that inequitable conduct is a high bar — it must be proven by clear and convincing evidence, and the intent element requires a showing that deceptive intent was the single most reasonable inference

This is a risk that Apex must weigh in assessing the settlement value of the case, and it provides meaningful leverage for Solstice in the mediation

Under established Federal Circuit precedent, a damages methodology must apportion the royalty base to reflect only the value attributable to the patented features

Gross margin does not account for the substantial operating expenses — including sales and marketing, research and development, regulatory compliance, and general and administrative costs — that must be deducted to arrive at a meaningful measure of profitability

Impact of Non-Infringement and Invalidity on Damages The damages analysis must also account for the impact of Solstice's non-infringement and invalidity defenses

The risk of unenforceability is a factor that Apex must weigh in assessing its own litigation exposure