Damages: “Built-In” Apportionment Using Comparable License Agreements

Calculating patent damages is “not an exact science.” This is especially true when addressing principles of apportionment. The principle of apportionment seeks to ensure that the patent holder does not obtain an unfair benefit by receiving value for features of the infringing product that are not covered by the asserted patent. It does so by requiring that the patentee “apportion” the damages between the patented feature and all other non-patented features. But determining how to apportion, especially when there is evidence of comparable license agreements, requires careful analysis. Read "Damages: "Built-In" Apportionment Using Comparable License Agreements"