Latest Daubert Cases, Econ Studies Hold IP Damages Lessons
By Dan Werner (December 19, 2019, 12:55 PM EST) -- As products grow increasingly complex with multiple patented technologies, the issue of apportionment has continued to be a topic of interest within intellectual property damages. When incremental profits arise from using a technology that incorporates multiple patents, courts have required that experts apportion the profits due to the patents-in-suit among all the patents contained within that technology.
For example, suppose there are multiple patents involved within an historical license agreement that is used as a basis for damages. How does the damages expert determine the relative value for the patent(s) at issue? One quantitative method adopted by some economists in recent...
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