The maximum recoverable damages agreed to pre-trial was set by a $12.8 million licensing fee in an agreement between the technology maker and two entities associated with the interrelated Delaware-based groups that carry an extensive patent portfolio, the Delaware Supreme Court said.
“In our view, we need not resort to doctrines such as judicial estoppel and law of the case to conclude that the 11th-hour invocation of the $4.9 million damages cap came too late to ...