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Expert Analysis

Claim Scope And Apportionment At Fed. Circ.

By Max Colice and Britton Davis (February 27, 2018, 12:20 PM EST) -- Recent Federal Circuit decisions AstraZeneca AB v. Apotex Corp. and Exmark Manufacturing Co. v. Briggs & Stratton Power Products Group LLC show how apportionment applies to a narrow claim that covers a multicomponent product.[1] In each case, the Federal Circuit held that the patent owner didn't have to apportion the royalty base because the claim recited every component of the infringing product. But in each case, the Federal Circuit still required each patent owner to apportion the royalty rate based on the value of its claims....

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