Federal Circuit Addresses Key Damages Issues in Vacating $386 Million Patent Verdict

摘要

The Federal Circuit remanded the case back to the district court for further proceedings. Meanwhile, VirnetX has several pending lawsuits involving the patents at issue, including a second lawsuit against Apple's newer generation of devices (the iPad Mini and iPhone 5) and Microsoft's Skype service. These cases no doubt will be affected by this decision, as will future cases involving accused products with both patented and unpatented features or damages theories that rely on the Nash Bargaining Solution. Litigants and damages experts alike should be careful not to overreach, and instead to "take care to seek only those damages attributable to the infringing features."