Entire Market Value Rule Is Alive But Not Well

By Stephen Akerley, Philip Ducker and Robert Moore (October 1, 2018, 2:23 PM EDT) -- On Sept. 20, 2018, the Federal Circuit issued a modified opinion in Power Integrations v. Fairchild Semiconductor International Inc. Addressing the patent holder's burden when claiming that the damages base should be revenues for the entire product and not merely the smallest salable patent practicing unit, Power Integrations retreated from an earlier panel ruling that set an unattainable standard. The "entire market value rule" persists, albeit in a diminished form....

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