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The Economics of the Entire Market Value Rule: As Applied to Complex Products

Authors: Richard Stockton Higgins; Donald L. Martin;

The Economics of the Entire Market Value Rule: As Applied to Complex Products

Abstract

This paper focuses on the implications for royalty determination of the latest expression of the Entire Market Value Rule (EMVR) and its usefulness in guiding damage estimation in the context of complex products whose components are protected by intellectual property rights. We provide a model of royalty estimation that reveals a conceptual disconnect between the objectives of the contemporary EMVR (e.g. as expressed in Uniloc v. Microsoft) and the patents that have been and likely will be subjected to the Rule. It is our view that the guidance of the latest court opinions, in identifying the appropriate royalty base, is misdirected. By not taking sufficient account of economic relationships between components of complex products, these opinions make adherence to the Court’s guidance in estimating reasonable royalties problematic and risk discouraging innovation.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
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