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24. Damages

  1. Neither plaintiff nor defendants are entitled to any damages except as follows.
  2. If it is later determined that plaintiff has proved fraud on the Patent Office, plaintiff will be permitted to establish that part of its attorneys' fees and costs attributable to its antitrust claim.
  3. If it is later determined that defendants have violated the antitrust laws, plaintiff will be permitted to establish the damage to its business or property where damages can be proved within the limitation period.
  4. If it is later determined that the ENIAC patent is valid and enforceable and infringed, defendants will be permitted to establish their infringement damages.
  5. I do not believe this to be an exceptional case and do not believe that reasonable attorneys' fees should be awarded to the prevailing party in the patent part of this litigation.
  6. If it is decided on appeal or on remand that this is an exceptional case, reasonable attorneys' fees will be awarded to the prevailing party.

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