By DeForest McDuff and Daryl Fairweather
In valuation and reasonable royalty analysis, economic
experts often seek to measure the contribution
of a technology to a particular product
sold in the marketplace. In recent years, courts have
instructed experts to apportion royalties and economic
damages to the value contributed by a patented
feature relative to non-patented features.1 While this
instruction is straightforward in theory, experts are
often left with the challenging task of reliably quantifying
an apportionment for a specific feature within a
complex product.
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