Federal Circuit Provides Guidance on Patent Damages and Apportionment

In two recent cases, the U.S. Court of Appeals for the Federal Circuit provided important guidance when applying apportionment principles to calculate reasonable royalty damages.  See Finjan, Inc. v. Blue Coat Systems, Inc., 879 F.3d 1299 (Fed. Cir. 2018); Exmark Mfg. Co. v. Briggs & Stratton Power Products Group, LLC, 879 F.3d 1332 (Fed. Cir. 2018).  The Federal Circuit signaled greater flexibility when apportioning damages, which may permit using the royalty rate and not just the royalty base, to value a patented invention’s contribution to a larger, multicomponent product.  The Circuit also reaffirmed, however, that appropriate support is required for any damages analysis, including to support apportionment and any proposed royalty rate.

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Special Valuation Issue: What is Your Case Worth Today?

What is the value of a contested estate?  In this article, the author shares her insight and discusses two leading U.S. Tax Court cases in this area, Estate of Lennon and Estate of Foster.

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The Objective Case for a Key Person Discount: Apply the Key Person Discount

Is there any evidence that a key person discount exists? In this article, Steven Egna, shares his views on the subject matter and provides an illustration of the statistical basis for supporting such a discount.

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Lost Profits and Other Commercial Damages: A Case Study

Most commercial damages assignments call for the calculation of lost profits or lost business value. However, some cases, particularly those relating to lost profits, contain elements of additional economic damages. These situations require the expert to focus on multiple areas of loss while insuring each element does not contain losses claimed by another. In this two-part article, Dr. Needham shares how he approached a case that went from report preparation to deposition, and ultimately trial testimony. In the second part of this article, Dr. Needham discusses the jury verdict and settlement. The purpose of this two-part article is to share with aspiring expert witnesses how this case was approached and highlight how the jury used the information provided by the experts. QuickRead thanks Dr. Needham for sharing this case.

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