It’s only been two weeks since an appeals court tossed VirnetX Inc.’s $368 million patent infringement verdict against Apple Inc. But Apple is already citing the ruling in hopes of limiting its liability in another patent case that’s now on the verge of trial.
In a motion filed on Monday, Apple urged U.S. District Judge Lucy Koh in San Jose to place limitations on a damages expert that GPNE Corp. is using in a patent infringement trial related to iPad technology that begins on Oct. 6. According to Apple, the expert’s testimony is clearly flawed in light of the U.S. Court of Appeals for the Federal Circuit’s ruling in the VirnetX case on Sept. 16.
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