Heightened Standard For The Entire Market Value Rule?

Law360, New York (August 3, 2011, 1:29 PM EDT) -- A recent decision in Inventio AG v. Otis Elevator Co.[1] presents a notably strict application of the most controversial rule in patent damages — the entire market value rule (“EMV rule”).

The EMV rule allows patent holders to recover damages in certain circumstances based on the value of an entire product where the patented component is one of many within the product. Critics of the rule have argued that its application leads to damages awards that far exceed the economic value of the technology claimed in...
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