Federal Circuit Provides Guidance on Jury Instructions on Apportionment of Patent Damages

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Kim Schenk, John G. Plumpe | Intellectual Property
In this article, the authors analyze the Federal Circuit’s recent guidance in Ericsson v. D-Link on properly instructing the jury on entire market value rule and profit apportionment, comparing it with prior cases where the courts were faced with this issue, including the Supreme Court’s 1884 decision in Garretson v. Clark. To read more, click the link below. 
Reprinted with permission from: Bright Ideas, Spring/Summer 2015, Vol. 24, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.