Federal Circuit Reaffirms Limited Use of the Book of Wisdom

In a precedential decision handed down yesterday, 4DD Holdings, LLC v. United States , opinion by Judge Hughes joined by Judges Prost and Stark, the court reaffirmed its understanding that so-called “book of wisdom” evidence can be used in estimating the hypothetical bargain the parties would have negotiated as of the date of infringement, but not to alter the terms of the bargain they would have…