A Guide To Understanding Fed Circs VirnetX Opinion

VirnetX and patent holder damage: following Federal Rules of Evidence to still recover while complying with Federal Circuit damage rulings.

October 14, 2014

Law360, New York (October 14, 2014, 10:13 AM ET) -- Patent holders and plaintiffs lawyers, please do not panic. The Federal Circuit’s opinion in VirnetX v. Cisco Systems Inc. (and Apple Inc.) does not spell the end of damages in patent cases. It does not change the existing paradigm about how to support a damages model with evidence. It does not even foreclose the use of the Nash bargaining solution.

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John K. Harting


Deputy Chair, IP and Technology Litigation Group

Christine Yun Sauer

Prior Partner

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