Apple Urges Full Fed. Circ. To Undo $439M Patent Loss

Law360 (February 21, 2019, 10:37 PM EST) -- Apple Inc. asked the whole Federal Circuit on Thursday to rehear a panel decision upholding a $439 million Eastern District of Texas jury verdict that the tech giant infringed VirnetX's network security patents, arguing it flouts a damages precedent.

The petition, which seeks either an en banc or panel rehearing, argues that the appeals court's January one-line affirmance breaks the precedent that patent damages must be apportioned to only cover the value of the patented feature, which Apple says didn't happen in this case.

The court's ruling "will encourage patentees to introduce large figures for no purpose other than to make...

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