Law360, New York ( March 3, 2017, 12:31 PM EST) -- In recent years, courts have viewed the determination of patent infringement reasonable royalty damages with increased scrutiny. Infringing products are also more complex with multiple features and often only a portion of which are covered by the patent-in-suit. Therefore, it is often necessary to identify new tools to assist in the determination of reasonable royalties or perhaps use an older tool in a new way. The analytical approach, which has been used in one form or another for over 40 years, may be a helpful tool in the complex analysis often required to determine a reasonable royalty.[1] This article will first summarize the history of the analytical approach and then discuss its usefulness and limitations....
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