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August 25, 2022
When it comes to the federal securities laws, clear answers can occasionally be hard to find. There may be no better example than the question around the overlap of the "misstatement...
May 4, 2022
IAM is a unique and timely intelligence service that treats IP as a business asset and tool rather than simply as a legal right, informing boardrooms worldwide.
February 28, 2022
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...
May 20, 2021
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...
December 21, 2020
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...
December 16, 2020
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...