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Perspective

Apr. 19, 2012

Patent infringemet liability: What is the 'entire market value'?

Patent infringement cases leave continuing uncertainty surrounding application of the "entire market value" rule in calculating a reasonable royalty. By Robert F. Kramer, Joel T. Muchmore and Jessica Laughlin


By Robert F. Kramer, Joel T. Muchmore, and Jessica Laughlin


This is an uncertain time for determining damages in patent infringement cases. Recently, the Federal Circuit issued a number of decisions clarifying to some extent the rules governing calculation of patent infringement damages. The court provided guidance, for example, about the contours of the entire market value rule in Lucent, apportionment and the 25 percent rule in Uniloc, and the use...

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