Director Daniel Werner and Consultant Joe Milbury published “Patent Damages Trends: Statistical Approaches to Apportionment” in the March/April 2024 edition of Landslide, a magazine produced by the American Bar Association Section of Intellectual Property Law.

In patent litigation, any damages award should only relate to the patents at issue, meaning experts must apportion between patented and unpatented elements if the patented element is not the sole driver of demand. In their paper, Dr. Werner and Mr. Milbury discuss recent trends and how statistical approaches are increasingly being used by economists for apportionment in intellectual property litigation. In the context of recent case examples and reasonable royalty calculations, the authors describe using regression analysis in assessing patent damages and potential issues practitioners may consider.