SDNY comments on EMVR's application in pharma context


On December 3, 2013, Judge Cote of the Southern District of New York issued a lengthy bench trial order in Astrazeneca AB v. Apotex Corp., 01 Civ. 9351 (DLC) (Doc. No. 240), addressing a number of damages issues. The only issue we address here involves the entire market value rule. In particular, the court commented on its applicability in pharma cases. It also cited language from Uniloc in which the Federal Circuit suggested that entire market value rule could be satisfied if the patented feature substantially created the value of the component parts. We quote in full because the language is interesting (slip op. at 82-84):