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Expert Analysis

Calculating Damages For Software Patents

Law360, New York (June 21, 2012, 1:40 PM EDT) -- How should damages be calculated for patents that cover small features within an enormously complex software program? As has been recognized by the Federal Circuit and other courts, damages must be based on the value of the patented feature as distinguished from nonpatented elements and must not be arbitrary, but instead must be tied to the relevant facts and circumstances of the particular case and patents at issue. The entire market value of an accused product is not a reasonable base when assessing damages for minor features in a computer program....

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