What It Takes to Succeed on a Patent Apportionment Analysis

Business Valuation UpdateVol. 18 No. 10
Legal and Court Case Update
October 2012
4813 Telephone Communications, Except Radiotelephone
334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
intellectual property

Fractus, S.A. v. Samsung Electronics Co.
2012 U.S. Dist. LEXIS 90398
June 28, 2012
Federal Court
United States District Court
James Nawrocki


Federal district court precludes defendant’s expert from apportioning damages for infringement of a design patent (as opposed to utility patent) as contrary to the statutory remedy, but denies most Daubert objections against the plaintiff’s expert.

See Also

Fractus, S.A. v. Samsung Electronics Co.

Court affirms $23 million patent infringement award based on apportionment analysis of the plaintiff’s expert, which relied on internal as well as external documentation of value of patented technology without improperly invoking entire market value of in ...