Farewell, Entire Market Value Rule

Law360, New York (April 16, 2015, 10:07 AM EDT) -- Goodbye, entire market value "rule." Thank you for your efforts in patent damages jurisprudence. Asked to go above and beyond the principles from which you arose, you did your level best.

Alas, you are no longer needed. Your name alone introduces ambiguity. Your title as a "rule" has expanded your influence beyond your utility. Your results as applied to specific facts have been mixed, at best.

You may have taken a glimmer of hope from the Federal Circuit's opinion in Ericsson, where you received praise and vitality as a "substantive legal rule" derived from the damages statute, 35 U.S.C. § 284.[1]...

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