The Patent Reform Act: Reining in the Entire Market Value Rule?


The calls for patent reform legislation have spawned numerous debates and proposals, culminating in the passage of H.R. 1908 by the House and the pending S. 1145 in the Senate. Our focus here is on one potential change that could have a dramatic effect on patent litigation. We explain the state of existing law on the “entire market value rule” of damages, review the changes in the pending

legislation, describe the advocates lobbying on the proposal, and try to predict what will result if the

legislation in its current form passes.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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