Reasonable Royalty Damages: The Entire Market Value Rule and Apportionment
Boston, Massachusetts
23 February 2010
Hosted By: NERA Economic Consulting
Historically, patent owners have been able to claim damages on the total value of the accused products, even if those products contain several features, when the patented feature is "the basis for customer demand." The recent decision by the Federal Circuit in Lucent Technologies, Inc. et al. v. Gateway, Inc. et al. and the ongoing patent reform debate raise questions and provide some guidance about how to properly determine reasonable royalty damages. In particular, they address how to determine the appropriate royalty base for a running reasonable royalty rate and how to account for the contribution of factors other than the patented invention that may also contribute to the profits of allegedly infringing products. In this one-hour NERA seminar, Christopher Centurelli, Partner at K&L Gates, and Dr. Phillip Beutel and Dr. Elizabeth Bailey of NERA discussed the history of the case law relating to the entire market value rule and apportionment. The seminar also examined the economic principles that should govern their application, including appropriate approaches to measuring the economic contribution of patented inventions.
To contact us about this event, please click here.
