How Vringo's Reversal At CAFC Just Increased My Confidence In A VirnetX Affirmation
- The Vringo reversal was a 2-1 majority with Judge Chen writing the dissent. Judge Chen sits on the VirnetX panel. His dissent language bodes well for VirnetX.
- CAFC clearly says damages are looked at last and are not considered if the rest of the case doesn't hold up.
- This is why the CAFC citation of the VirnetX v Apple damage methodologies as "upheld" in the Apple v Motorola precedential opinion is incredibly telling.