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Baked-In Apportionment | BakerHostetler

In Vectura, the Federal Circuit recently reiterated that the entire market value of an accused multicomponent product may serve as the royalty base if the patent damages analysis is built on sufficiently comparable licenses. Vectura Limited v. Glaxosmithkline LLC, 981 F.3d 1030, 1040-1042 (Fed. Cir. 2020). Pursuit of the entire market value of a multicomponent product ordinarily requires the patentee to demonstrate that the infringing feature drives customer demand for the product. Virnetx, ...
Hughes Network Sys Cisco Sys Inc Fi Ltd 0x Genomics Inc Bio Rad Labs Inc Virnetx Inc

Ongoing Appeals May Shape How Juries and Courts Determine Patent Royalties | White & Case LLP

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...
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