LES INSIGHTS FEATURED ARTICLE
Patent Infringement Damages: Evaluating the Entire Market Value Rule and Nash Bargaining Solution
By Mark Rollins and Christopher Smith, 284 Partners
In a September 16 judgment in the matter of VirnetX, Inc. and Science Applications International Corp. v. Cisco Systems, Inc. and Apple, Inc., United States Chief Judge Sharon Prost and Circuit Judge Chen vacated a $368 million award handed down by a jury in the United States District Court for the Eastern District of Texas. The Court of Appeals for the Federal Circuit addressed multiple damages-related issues in its judgment, including the application of the Entire Market Value Rule (“EMVR”), the use of comparable licenses in determining a reasonable royalty rate, and the reliance on the Nash Bargaining Solution.
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