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To print this article, all you need is to be registered or login on Mondaq.com. The extent to which certain apportionment principles, such as the entire market value rule and related doctrines, may constrain damages theories in patent infringement cases remains uncertain. This article reviews the current state of apportionment law through the lens of semiconductors and electronic components-ideal archetypes for such issues-and proposes a framework to help reconcile governing precedents that, at times, seem to conflict. Introduction We often define the state of human civilization by the materials we use to make tools-the Stone Age, Bronze Age, Iron Age, and so ....
To embed, copy and paste the code into your website or blog: Patent litigation, the Sport of Kings, does not come cheap, especially when the litigation transmogrifies into a multi-jurisdictional slugfest. When managing a global patent fight, it is important to keep the big picture in mind and understand when continued fighting makes sense and when it does not. One rough and ready tool is to compare the ratio between the current royalty demands and the anticipated litigation costs in one’s case to other historical litigations. Comparing such ratios can help one understand whether return on investment in the litigation makes sense in terms of hoped-for royalty savings. Such information can inform the parties when it makes sense to settle. ....