Eric E. Bensen on Apportionment of Lost Profits for Patent Infringement
Lurking just below the surface of patent damages cases in recent years has been the question of whether a patentee that seeks to recover its lost profits from infringement bears the burden of "apportionment." In a recently decided case of Mentor Graphics Corp. v. EVE-USA, Inc., the Federal Circuit first squarely recognized that a patentee has the burden of apportionment when seeking to recover lost profits.
Eric E. Bensen is an internationally recognized intellectual property law author and consultant. His works include four leading intellectual property treatises from Matthew Bender: Patent Law Perspectives, as author, and Milgrim on Trade Secrets, Milgrim on Licensing and Patent Licensing Transactions, as coauthor. He is also the author of New York Intellectual Property Law from LexisNexis, a comprehensive guide to federal and state intellectual property law in New York, the author of Intellectual Property in Bankruptcy, a Collier Monograph from LexisNexis that provides a unique look at the intersection between intellectual property and bankruptcy law, and the United States Editor for LexisNexis Australia’s Intellectual Property Reports. Mr. Bensen has advised clients throughout the United States as well as in Japan and Europe on intellectual property issues arising in litigation, licensing and transactional matters. For more information, please visit www.ericbensen.com.
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