Not exact matches
Yes - if your institution is a corporate relationship based on
patent licensing, and your research
damages that corporate interest in any way - be it a drug study that shows their blockbuster is less effective than aspirin, or an
analysis of PCB concentrations in the Hudson River downstream from GE - then you will have hit the third rails in American science politics.
Regarding apportionment, the Federal Circuit decided in the Mentor Graphics v. Eve - USA case, in March 2017, that when the lost profits
damages Panduit factors are met, the factors incorporate into the
analysis the value properly attributed to the
patented features.
Another example of a change that has occurred in the
patent damages arena is that the 25 % rule of thumb, which had been used by many
damages experts in reasonable - royalty
analyses, was struck down.
As a result, the Court vacated a $ 399 Million
damage award against Samsung Electronics Co. in a lawsuit alleging infringement of design
patents covering features of Apple, Inc.'s iPhone smartphones and sent the case back to the Federal Circuit Court of Appeal for further
analysis.