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EPISODE · Apr 30, 2021

Apportionment in the Semiconductor Age

from Finnegan Intellectual Property Law Podcasts

The extent to which certain apportionment principles, such as the entire market value rule and related doctrines, may constrain damages theories in patent infringement cases remains uncertain. This article reviews the current state of apportionment law through the lens of semiconductors and electronic components—ideal archetypes for such issues—and proposes a framework to help reconcile governing precedents that, at times, seem to conflict. Read the full article here.

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