5 Tips for Building a Bulletproof Patent Damages Case

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Paul Devinsky suggested that patent owners make sure their damages analysis accounts for apportionment rules or that they present a strong case-driven theory for using the entire market value rule, while backing it up with admissible demand studies and survey evidence. “Any license agreements used to support a reasonable royalty rate should be relevant in terms of the case issues and comparable in terms of technology,” Mr. Devinsky said.