Farewell Entire Market Value Rule

April 16, 2015

Goodbye, entire market value “rule.” Thank you for your efforts in patent damages jurisprudence. Asked to go above and beyond the principles from which you arose, you did your level best. 

Alas, you are no longer needed. Your name alone introduces ambiguity. Your title as a “rule” has expanded your influence beyond your utility. Your results as applied to specific facts have been mixed, at best.

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John K. Harting


Deputy Chair, IP and Technology Litigation Group

Christine Yun Sauer

Prior Partner

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