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,...
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