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New Math for the Entire Market Value Rule

A recent order from the Eastern District of Texas shows that patentees may not be able to calculate damages under the entire market value rule using a simple (<i>market value base ' royalty rate</i>) formula. Such damages calculations may be excluded from trial, leaving the patentee seeking to recover a fraction of the original damages figure.

8 minute read December 20, 2010 at 01:43 PM
By
Robert Buergi
New Math for the Entire Market Value Rule

The entire market value rule lets a patentee recover damages based on the market value of a product that includes a patented invention, even if the patented invention is only a small part of the entire product.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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