Cisco, HTC Seek Higher Standard For Lost Profit Damages

Law360, New York (June 20, 2013, 7:07 PM EDT) -- Cisco Inc., HTC Corp. and others pushed the Federal Circuit on Thursday for an en banc review of a ruling upholding a $391 million patent infringement verdict against SAP America Inc., arguing that the court must adopt a stricter standard for deciding whether to award damages for lost profits.

The companies filed an amicus brief arguing that lost profits should only be awarded in infringement cases when the infringed patent is the sole basis for consumer demand. The brief pointed out that the Federal Circuit already...
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