A New Frontier In Reasonable Royalties: Market Research

Law360, New York (June 20, 2012, 1:18 PM EDT) -- Calculating reasonable royalty damages for patent infringement is often a complex exercise, especially when the accused product includes hundreds of features or technologies that are not covered by the asserted patent. According to the "entire market value rule," if a patented feature drives the consumer demand for the product or substantially creates the value of its component parts, then the value of the entire product can be included when calculating a reasonable royalty.[1] If the patented feature does not create such customer demand or value, however, then the royalty will depend on the value attributable to the patented technology or feature, not the market value of the entire product.[2] ...

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