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Apportionment and the Entire Fair Market Value Rule (EMVR) in Patent Damages


Trends, Methods, and Best Practices in 2019

June 20, 2019

Deepa Sundararaman took part in a panel to discuss topics including the objectives of apportionment and the use of comparable licenses; recent notable cases and court ruling issues; and contexts where royalty base apportionment may not be necessary. Panelists also reviewed an explanation through case law (Daubert exclusion) of use of broad comparisons from third-party sources, discussed recent Daubert exclusion of use of jury verdict as a comparable transaction, and discussed the effect of the exclusion on other Daubert challenges.

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