Making Sense Of Apportionment In Patent Damages: Part 1

Law360, New York ( March 13, 2015, 10:01 AM EDT) -- The task of determining reasonable royalty damages in patent litigation has become increasingly complicated as courts and practitioners have struggled to calculate the value reflected by discrete patented features, components or functions in larger multi-function devices. Particularly in areas such as software and electronics, several recent high-profile patent lawsuits have involved patents not on complete products but on discrete features, components or functions. In addition, courts (including the Federal Circuit) have handed down seemingly inconsistent decisions addressing the question of how to apportion damages on sales of accused products to reflect the value of discrete patented features, or whether such apportionment is even necessary....

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