By Ryan Davis (March 4, 2022, 10:39 PM EST) — A recent Federal Circuit decision tossing an $85 million patent verdict against Apple illustrates the pitfalls that patent owners face when basing their damages theories on previous licenses that cover vast numbers of patents and sheds light on how closely the appeals court scrutinizes large awards.

The Federal Circuit held last month in a patent dispute between Apple and Wi-LAN Inc. that an argument presented to a jury by a damages expert for the licensing firm was “untethered to the facts of this case” and sent the dispute back for a third damages trial.

The expert’s rejected theory was based on…