Overlooked Patent Cases: Scrutiny Of Damage Apportionment
Law360 (October 27, 2020, 3:59 PM EDT) -- The requirement that damages experts in patent cases must properly apportion their proposed damages figures to reflect the incremental value provided by the patents-in-suit, and nothing more, is a legal enigma.
Although the U.S. Court of Appeals for the Federal Circuit repeatedly has stressed that ascertaining patent damages necessarily involves speculation and imprecision, it also has indicated that determining a patented invention's footprint in the marketplace requires at least some level of quantitative or mathematic underpinning.
Depending on the facts and circumstances of a given case, how to reconcile these two seemingly conflicting principles may be unclear. This is especially so...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!