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Patent Lost Profit Damages and Apportionment

Split Federal Circuit Declined to Reconsider Panel’s Decision that Lost Profits Based on the Panduit Factors Are Fully Apportioned

On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in Mentor Graphics Corp. v. EVE-USA, Inc., a case that could have significant implications for lost profit damages and apportionment.

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On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in Mentor Graphics Corp. v. EVE-USA, Inc., Nos. 2015-1470, 2015-1554, 2015-1556, a case that could have significant implications for lost profit damages and apportionment.

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