Via Vadis, LLC and AC Technologies, S.A. ("Plaintiffs") are the owner and exclusive licensee, respectively, of U.S. Patent No. RE40,521 (the "'521 Patent"
Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying the sales of an entire product as a royalty base.
On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs.
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The extent to which certain apportionment principles, such as
the entire market value rule and related doctrines, may constrain
damages theories in patent infringement cases remains uncertain.
This article reviews the current state of apportionment law through
the lens of semiconductors and electronic components-ideal
archetypes for such issues-and proposes a framework to help
reconcile governing precedents that, at times, seem to
conflict.
Introduction
We often define the state of human civilization by the materials
we use to make tools-the Stone Age, Bronze Age, Iron Age, and so