Oct. 5, 2022
Apportionment as a growing guide rail on trade secrets damages
See more on Apportionment as a growing guide rail on trade secrets damages
For the past twenty years, courts have worked hard to address what seemed to be out-of-control damages estimates in patent cases. The Federal Circuit became active on such issues and defined rules of smallest saleable unit, apportionment, and set boundaries on the concept of a hypothetical negotiation.
During all of this development, trade secrets damages were neglected and doctrinal development of damages were unclear. Trade secrets the...
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