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Failure to object to improper use of the entire market value rule will constitute waiver

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 30 2010

The U.S. Court of Appeals for the Federal Circuit reversed an infringement verdict for the method claims in a “locked code” products case, but upheld both the infringement verdict on the apparatus claims and the manner in which the Georgia-Pacific reasonable royalty factors were applied to damages