Patent Damages

Utah court: refuses to apply entire market value rule to lump-sum damages; finds no marking violation where unmarked products were not within scope of license

Posted by Chris Marchese

Earlier today, we issued a post on a Utah case, Phillip M. Adams & Assoc. LLC v. Winbond Electronics Corp., Case No. 1:05-CV-64 TS (D. Utah, Sept. 8, 2010).  The previous post summarized the court's decision on a motion in limine, in which the court refused to exclude testimony from the inventor concerning factual issues relevant to reasonable royalty damages.  Only a week earlier, the Utah court also issued an opinion (click here)that addressed summary judgment on two issues:  entire market value rule and patent marking.  Both issues are interesting.

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