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Expert Analysis - Opinion

Failure To Use Apportionment Has Distorted Patent Damages

By William Lee and Mark Lemley (October 3, 2024, 3:06 PM EDT) -- Patents can contribute to economic value. But when patent owners sue for alleged patent infringement, it's all too easy for them to overclaim, pointing to the feature they claim to have invented and inviting courts and juries to discount everything else that makes a commercial product valuable....

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