Apportioning Patent Damages: Analysis, Calculations for Multi-Component Products, Impact of Claim Scope

Description

In Jan. 2018, the Federal Circuit Court of Appeals addressed the issue of apportioning damages in two patent cases—Exmark Manufacturing Co. v. Briggs & Stratton Power Products Group and Finjan v. Blue Coat Systems. These two cases address the need for apportionment, and the complexity of identifying an appropriate royalty base in consumer products, software and other multi-component products.

The damages hinge on the scope of the claims and create a challenge for the patent owner. A broader claim typically covers a more extensive range of products. However, it also raises the likelihood of unpatented elements in the product and thereby limiting recoverable damages.

Potential damages also play a role during patent clearance and licensing discussions. Further, patent prosecutors should keep the damages analysis in mind when drafting patent applications and claims to maximize value, particularly when multi-component products are involved.

Listen as our authoritative panel of patent attorneys examines recent Federal Circuit decisions and how the courts have treated the issue of damages apportionment. The panel will also discuss the damages analysis and calculating damages for multi-component products. The panel will consider how apportionment is affected by claim scope and how patent prosecutors should approach patent drafting in light of the damages analysis.