Patent Damages & Royalty Apportionment Modeler

Litigation Setup

Case Landmark Presets

Accused Cumulative Units 1,425,000,000 Total infringing devices sold (e.g. cumulative iPhones & Apple Watches during 6-year period under 35 U.S.C. § 286).

End Product ASP $790.00

Component BOM $12.50

Royalty Calculation Standard Running dollar rate per accused unit embodying patented haptic feedback mechanism.

Base Royalty Rate ($/unit) $4.00

Willfulness Multiplier (§ 284) 1.00x (No Trebling) Enhanced damages for willful infringement (up to 3x punitive under 35 U.S.C. § 284, *Halo Electronics*).

Prejudgment Int. (%) 4.5%

Damages Window 6 Years

Georgia-Pacific Weighting Factor (15 Factors) Balanced (1.00x)

Factor 1: Established commercial royalties

Factor 6: Derivative or convoyed sales

Factor 9: Utility & advantage of invention

Factor 11: Accused infringer's extent of use

Factor 13: Apportionment to non-patented elements

Appeal Bond Rate 115% Rule 62(b) supersedeas bond required during Federal Circuit appeal.

CAFC Reversal Risk 45% Estimated chance of vacatur, remand, or remittitur by appellate court.

Total Accused Liability

$5,700,000,000

Modeled award matching the $5.7B jury verdict in Taction Enterprises v. Apple Inc.

Apportioned Unit Rate $4.00 / dev

Base Royalties $5.70 B

Supersedeas Bond $6.56 B

Expected Settle Value $3.14 B

1. Base Royalty

$5,700,000,000

1.425B units × $4.00/unit rate

2. Enhanced Damages

35 U.S.C. § 284 willfulness (1.0x)

3. Prejudgment Int.

$852,150,000

Compounded at 4.5% across 6 yrs

4. Post-Trial Liability

$6,552,150,000

Total award + prejudgment interest

Cumulative Liability & Appeal Bond Exposure Waterfall

Base ■ #0f766e | Interest ■ #b45309 | Supersedeas Bond ■ #0284c7

Litigation Component	Legal Authority / Basis	Apportioned Metric	Subtotal Impact

Model in sync with 35 U.S.C. §§ 284 & 286 Georgia-Pacific apportionment rules.

Audited for Federal Circuit remittitur compliance

Case Grounding: Taction Enterprises v. Apple Inc. ($5.7B Haptics Jury Verdict)

On September 26, 2026, a federal jury awarded San Diego-based Taction Enterprises over $5.7 billion in reasonable royalty damages against Apple Inc. for infringing patented haptic feedback innovations incorporated into hundreds of millions of iPhones and Apple Watches. This award marks the largest patent verdict in U.S. judicial history, surpassing the prior $2.18B VLSI v. Intel record.

Under 35 U.S.C. § 284, patent damages must be "in no event less than a reasonable royalty for the use made of the invention by the infringer." In high-volume consumer tech cases, the plaintiff must satisfy strict apportionment requirements established by the Federal Circuit (Garretson v. Clark, LaserDynamics, and Uniloc), showing that the royalty base is tied to the Smallest Salable Patent Practicing Unit (SSPPU) or proven to drive consumer demand under the Entire Market Value Rule (EMVR).

How This Modeler Computes Georgia-Pacific Apportionment & Appeal Exposures

1. Base Royalty Calculation: Computes either per-unit running royalties ($/unit × Accused Volume), or percentage-based ad valorem royalties against either the component BOM (SSPPU) or full device ASP.

2. Georgia-Pacific 15-Factor Weighting: Incorporates quantitative multipliers derived from commercial licensing precedent (Factor 1), convoyed sales (Factor 6), invention utility (Factor 9), extent of infringer use (Factor 11), and non-patented feature apportionment (Factor 13).

3. Prejudgment Interest & Treble Enhancement: Under 35 U.S.C. § 284, willful infringement allows court discretion to treble damages (up to 3x). Prejudgment interest is compounded annually across the statutory 6-year damages lookback period.

4. Fed. R. Civ. P. 62(b) Supersedeas Appeal Bond: To stay execution of judgment pending review by the U.S. Court of Appeals for the Federal Circuit (CAFC), appellants must typically post a cash or surety bond equal to 110% to 125% of the judgment plus interest.