Estimating Damages In Patent Disputes Over Complex Technologies. New Guidance Discouraging Excessive Royalty Awards: Have The Courts Got It Right?
How much does a single feature embedded in a smart phone contribute to its consumer appeal or the manufacturer’s bottom line? Would it matter if its functionality depended on interactions with other patented technologies built into the device, such as in touch screen technology or voice-to-text? Which components give a laptop its value: The bundled software? The device that indicates low battery power? Or some combination of these and other technologies?