Patent Law

Damaging Apportionment

By Gary Odom and Jordan Kuhn

Scott Shane has thrown another log in the fire roasting the idea of apportionment as a means for figuring patent damages. Apportionment was found to be bad news for patent value, naturally, but also R&D, company valuation, and jobs. The harm would purportedly be unevenly spread, affecting more industries reliant upon innovation.

Just like government giveaways to the rich during bad times, the currently applied balm to restore financial calm in the U.S., dumb ideas have a historical circular motion. Apportionment of damages is presently being promoted by lobbyists for serial patent infringers. Apportionment in this country wrecking patent values and causing court congestion led to 35 U.S.C. § 284 in 1946.

The topic de jure covered by others: Patent Baristas (who knows where Stephen's permalink is?!), Peter Zura.

Yes, folks send bloggers topic emails and we all flock to it like flies flock to, well, you know.

Full post as published by The Patent Prospector on January 15, 2009 (boomark / email).