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Articles

Damages Award Vacated Where Jury Instruction Implied that Apportionment Was Not Needed If The Royalty Base Was The Smallest Saleable Patent Practicing Unit And Where The Expert Used The Nash Bargaining Solution Without Determining Whether It Applied

October 21, 2014

Articles

Damages Award Vacated Where Jury Instruction Implied that Apportionment Was Not Needed If The Royalty Base Was The Smallest Saleable Patent Practicing Unit And Where The Expert Used The Nash Bargaining Solution Without Determining Whether It Applied

October 21, 2014

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VirnetX, Inc. v. Cisco Sys., Inc., ___ F.3d ___ (Fed. Cir. Sept. 16, 2014) (PROST, Chen) (E.D. Tex.: Davis) (4 of 5 stars)

Fed Cir affirmed a denial of JMOL of non-infringement on some patents but reversed on others, affirmed a denial of JMOL of invalidity on all patents, affirmed an evidentiary ruling, and vacated a damages award.

The four patents-in-suit relate to technology for providing security over networks—two were asserted against Apple’s “FaceTime” feature, while the other two were asserted against Apple’s “VPN On Demand” feature.

Read more on Fish’s Litigation Blog

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