Charles Kennedy gave a presentation on the topic of "Limitations on Damages for Non practicing Entities under the Entire Market Value Rule" on January 24, 2013 at the Electronics, Telecom and Software Patent Practice Update for the New Jersey Intellectual Property Law Association.
This presentation provided helpful suggestions for in-house and outside attorneys involved in patent practice regarding the determination of damages by a reasonable royalty for cases brought by patent owners who are not practicing the patented invention. Mr. Kennedy reviewed recent authority from the United State Court of Appeals for the Federal Circuit which had limited such damages computations and had rejected attempts to employ the "entire market value rule" to greatly increase damage awards for patent infringement. He also provided useful pointers for litigants in establishing appropriate measures of damages by a reasonable royalty and for addressing substantial potential awards raised by plaintiffs.
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Lerner David has focused exclusively on intellectual property (IP) law since 1969 including patent, trademark, unfair competition and copyright litigation, risk assessment and due diligence for new products and in mergers & acquisitions, licensing, freedom to operate opinions, portfolio management, procurement and strategic planning.