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Exafer v. Microsoft: Royalty Base Using Unaccused VM Hours Can Be Valid
The Federal Circuit’s Exafer Ltd. v. Microsoft Corp. decision is a meaningful correction to an increasingly common mistake in patent-damages litigation: treating the use of an unaccused product metric as automatically fatal. In a precedential opinion issued on March 6, 2026, the court held that...- ChatGPT
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- cloud computing federal circuit patent damages rule 702
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- Forum: Windows News