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International Arbitration Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries

In patent litigation, the adequacy of proof of apportionment in reasonable royalty damage claims is often a challenging issue that is hotly contested by the parties. The Federal Circuit...

Ha Kung Wong at Venable and April Breyer Menon at April Breyer Consulting delve into the practical implications of the US Supreme Court’s ruling in US v Arthrex

In any collaboration involving a retailer, it is necessary for each party to outline their rights and obligations in the IP. One should be wary of agreeing to share IP rights before fully understanding the other party’s expectations, rights, and obligations.

To print this article, all you need is to be registered or login on Mondaq.com. 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 gover...

To print this article, all you need is to be registered or login on Mondaq.com. Rarely must patent infringers demand their right to pay royalties. But several multinational manufacturers have gone to court to insist that they – and not other participants in the supply chain – make payment of any patent royalties. From a contractual perspective, judicial analysis of such claims has focused on the non-discrimination prong of the fair, reasonable, and non-discriminatory...

To embed, copy and paste the code into your website or blog: A patent holder that prevails in a patent infringement suit is entitled to either lost profits or a reasonable royalty. A reasonable royalty calculation often implicates the infringing products revenues (the "royalty base"). 1 The smallest saleable patent-practicing unit ("SSPPU") is a legal doctrine that restricts the royalty base that a patent holder can use in its reasonable royalty calculation. Two recent cases may shape the appli...