In Part II of this damages-focused series of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz IP attorneys Drew DeVoogd and Daniel Weinger join guest David Duski of BDO for a more detailed discussion of apportionment of damages in patent litigation. Drew and Dan are experienced patent litigators, and David is head of BDO's National Intellectual Property Consulting Practice. In Part II, the trio discuss:

  • Apportionment methodologies
    • Smallest saleable patent practicing unit
    • Entire market value rule
    • Hypothetical negotiations taking advantage of the "book of wisdom"
    • Hedonic regression analysis
  • Insights into the VLSI Tech. LLC v. Intel Corp. ~$2.2 billion award
  • The Federal Circuit's recent positions on damages
  • Tom Brady's position in the draft.

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