Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.
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]”?
*May exclude premium content
Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to firstname.lastname@example.org to learn more.