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.
PDF
$70.00
Quantity
In Stock
ISBN: 9781422429983
International Order Inquiry

Product details

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.

Ask the LexisNexis experts - and get a complete answer based on today's law.

An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.

Emerging Issues Analysis PDFs should be purchased individually.

(7530)