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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The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


John K. Harting


Deputy Chair, IP and Technology Litigation Group

Christine Yun Sauer

Prior Partner

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