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.