Determining Damages in Patent Infringement Cases: A 2017 Perspective
In recent years, the Federal Circuit has demonstrated an increased level of scrutiny in determining reasonable royalty damages in patent infringement cases. To avoid litigation risks, patent owners, attorneys, and experts should track of the latest court decisions and develop comprehensive damage discovery strategies.
Gregory Smith discussed topics including apportionment and Federal Circuit cases, implications for the royalty base and royalty rate, where the apportionment is actually done, and specific apportionment issues relating to standard essential patents.
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