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Expert Analysis

Responding To Fed. Circ.'s Latest Patent Damages Test

By Eric Phillips and Amol Parikh (August 2, 2018, 1:07 PM EDT) -- The Federal Circuit's position on apportionment in reasonable royalty damages has been a moving target for several years now. The latest juke comes in Power Integrations v. Fairchild,[1], where the court vacated a $140 million jury verdict, taking a narrow view of the entire market value rule and finding that the royalty base should have been reduced to account for nonpatented features. Although the ruling appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure....

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