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Expert Analysis

VirnetX May Have Immediate Impact On Patent Damages

Law360, New York (October 2, 2014, 10:16 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on reliable economic evidence and establish direct causation of loss.[1] In recent years, the Federal Circuit has issued a number of decisions addressing the issue of "apportionment," i.e., apportioning value between patented and unpatented features in an accused product....

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