Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Lewis R. Clayton and Eric Alan Stone

One important, recurring issue in calculating patent damages is the sale of products in which the patented invention is only one component among many. Some components might be central to the demand for the finished product, such as the processor chip in a computer or smartphone. Other components might be patentable—the design of a turn-signal lever for a car, or the cargo-retention straps in the trunk—but play little role in consumer demand for the entire car. Should the reasonable royalty for the turn-signal lever be a percentage of the sales price of the whole car? In that regard, does it matter whether the patent claim covers only the component, or is drawn to include the entire device, such as a claim to “a car comprising … [the novel turn-signal lever]”?

This premium content is locked for
New York Law Journal subscribers only.

  • Subscribe now to enjoy unlimited access to New York Law Journal content,
  • 5 free articles* across the ALM Network every 30 days,
  • Exclusive access to other free ALM publications
  • And exclusive discounts on ALM events and publications.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.