Pivotal Ruling on Damage Calculation for SEP Infringement

Business Valuation UpdateVol. 22 No. 4
Legal and Court Case Update
April 2016

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7373 Computer Integrated Systems Design
541512 Computer Systems Design Services
intellectual property
damages, lost profits, patent infringement, georgia-pacific, reasonable royalty, apportionment, entire market value rule (EMVR), ieee standard
Ericsson, Inc. v. D-Link Corp. (II)
773 F.3d 1201
December 4, 2014
US
Federal Court
Federal Circuit
United States Court of Appeals
Unknown (plaintiffs-appellees); unknown (defendants-appellants)
O’Malley

Summary

In dispute over infringement of standard-essential patent (SEP), Federal Circuit holds royalty must be apportioned to the value of the patented feature and must exclude any added value to the patented feature from standard’s widespread adoption.

See Also

Ericsson, Inc. v. D-Link Corp. (II)

Full Text of Court Cases
December 4, 2014

In dispute over infringement of standard-essential patent (SEP), Federal Circuit holds royalty must be apportioned to the value of the patented feature and must exclude any added value to the patented feature from standard’s widespread adoption.

This article also appears in:
Business Valuation UpdateVol. 22 No. 4
The Comprehensive Guide to Economic Damages, Seventh Edition