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What’s the fairest method of apportionment? Court rules on damages from breached lawnmower improvement


SKU: ADVnd181. Category: .


Abstract: When patents covering multicomponent inventions are infringed, a key question is: How should damages be “apportioned” to adequately compensate the patentee for only losses due to infringement of a product improvement? This article summarizes a recent case where the U.S. Court of Appeals for the Federal Circuit specifically addressed whether apportionment should be based on the royalty base or the royalty rate. A sidebar explains how the Federal Rules of Evidence (FRE) have recently been updated to streamline the admissibility of digital evidence. Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC, No. 2016-2197, 879 F.3d 1332, January 12, 2018

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