What is the entire market value rule and discuss when a court might award damages are awarded under this rule.

What will be an ideal response?


The entire market value rule refers to an award of damages based on the entire market value of the product (rather than just the market value of the infringed item in a product with multiple components). Generally, when the item infringed is only one part of a product with multiple components, damages for the entire market value of the product are awarded only when it is shown that the infringed item drives consumer demand for the product or provides the entire value of the product. Otherwise, damages will be apportioned between the patented item and the nonpatented items.

Legal Studies & Paralegal

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