The Federal Circuit has declined to reconsider a December 2015 decision in which it vacated a $16.2M damages award against Cisco, in a suit brought by Australia’s Commonwealth Scientific and Industrial Research Organization (CSIRO) (15-1066). In that earlier ruling, the Federal Circuit held that the lower court’s reasonable royalty calculations had failed to exclude the increased value of the technology claimed in the patent-in-suit (5,487,069) that resulted from its inclusion in the WiFi wireless standard. On February 25, the court issued an order denying CSIRO’s petition for an en banc and panel rehearing of its decision without explanation.
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