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Proving Up Valuation In Patent Infringement Litigation

Jury damages awards in patent infringement litigation can be quite large. And at times, they have been reversed or reduced on appeal. This raises the issue of how patent infringement damages can be proven or defeated in a way at trial that will stick.

This issue is addressed in a recent article in the Business Valuation Monitor by Grant Thornton, titled “Value Creation Perspectives for Corporate Executives and the Investment Community.” The article notes that a significant part of the value of a patent is the size of the royalty it can command. And, a core damages issue in cases is the method of apportioning the value of the subject patents.

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