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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Win a Free Registration to the LES 2014 Annual Meeting!

We're giving away four free registrations to the LES 2014 Annual Meeting! We'll choose one winner each week, so register for the conference now, and you’ll be entered into a drawing to win a full refund of your registration fee. Register today for your chance to win!

2014 Annual Meeting CONTEST WINNERS

Congratulations to our 2014 Annual Meeting Contest Winners.

Morton's Steakhouse Winner
Emilio Martinez of TechInsights, winner of the August registration contest. Emilio will enjoy a $200 gift certificate to Morton's Steakhouse!

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Hotel Stay Winner
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The Top 10 Benefits of LES Membership: Meetings

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LES 2014 Annual Meeting