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Expert Analysis

Misuse Of Patent Purchase Price In Damages Analysis: Part 1

Law360, New York (August 11, 2014, 10:04 AM EDT) -- Often patents are purchased and then later asserted by the purchaser/plaintiff in patent infringement litigation matters. With some frequency, attorneys, businesspeople and damages experts have attempted to meaningfully compare the purchase price of a patent to the damages being sought by the plaintiff associated with the same patent in patent infringement litigation ("litigation damages value"). Courts have also been asked to consider whether the purchase price of an allegedly infringed patent should somehow limit the amount of patent damages that can be sought as a result of the infringement of that same patent....

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