By knowing the current law on damages determinations in patent infringement cases, lawyers can maximize the likelihood that patent-holder clients’ damages awards will not be reduced on appeal.
By knowing the current law on damages determinations in patent infringement cases, lawyers can maximize the likelihood that patent-holder clients’ damages awards will not be reduced on appeal.
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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