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Articles

Price of SSPPU is No Proxy for Value of Invention

August 1, 2014

Articles

Price of SSPPU is No Proxy for Value of Invention

August 1, 2014

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If you follow the development of damages theories closely, Commonwealth Scientific v. Cisco is one you won’t want to skip. Particularly, because of the unexpected turn Judge Leonard Davis took with rejecting the theory Cisco’s expert presented which the court felt would ultimately lead to a significant undervaluing of the inventive idea embodied in the patent at issue. Cisco’s damages theory based royalties on the price of the portion of the infringing device (here, microchips) that practiced the inventive aspects of the patent-in-suit. The court found this methodology “illogical” and threw a bit of a wrench into damages theories for a variety of reasons. —Read more on Fish’s Litigation Blog

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