Should The Entire Market Value Rule Apply To Lost Profits?

Law360, New York (November 4, 2013, 12:59 PM EST) -- The Federal Circuit has raised the standard for applying the entire market value rule ("EMV rule") in a string of high-profile cases that make it more difficult for patent owners to recover royalty damages based on a patented component's contribution to the value of a multicomponent product. The rule's application to lost profits damages has received far less attention from courts and commentators....

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