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these Georgia-Pacific factors, Wagner increased the baseline royalty rate by $2, for a

total of $98.

On appeal, Microsoft ably points out various weaknesses in the damage

calculations by i4i’s expert. At their heart, however, Microsoft’s disagreements are with

Wagner’s conclusions, not his methodology. Daubert and Rule 702 are safeguards

against

unreliable

or

irrelevant

opinions,

not

guarantees

of

correctness.

We

have

consistently upheld experts’ use of a hypothetical negotiation and Georgia-Pacific

factors for estimating a reasonable royalty. See, e.g., Micro Chem., Inc. v. Lextron, Inc.,

317 F.3d 1387, 1393 (Fed. Cir. 2003); Interactive Pictures Corp. v. Infinite Pictures, Inc.,

274 F.3d 1371, 1384 (Fed. Cir. 2001). Wagner’s testimony about the acceptance of the

hypothetical negotiation model among damage experts and economists, combined with

his methodical explication of how he applied the model to the relevant facts, satisfied

Rule 702 and Daubert. See Daubert, 509 U.S. at 593. Given Wagner’s testimony

about his credentials, the district court did not abuse its discretion in finding Wagner

qualified to apply the methodology. See Pipitone v. Biomatrix, Inc., 288 F.3d 239, 249-

50 (5th Cir. 2002). Microsoft’s quarrel with the facts Wagner used go to the weight, not

admissibility, of his opinion.

We further hold that Wagner’s opinion was “based on sufficient facts or data.”

Fed. R. Evid. 702. At trial, Microsoft disputed which facts were relevant for determining

a reasonable royalty rate. In particular, Microsoft focused on the benchmark (XMetaL),

the resulting baseline royalty rate, and i4i’s survey for estimating infringing use.

Regarding the benchmark, Wagner explained that he chose XMetaL because it

was the product Microsoft bought and used before developing its own custom XML

2009-1504

31

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