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Apportionment of profits

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Definition Edit

Apportionment of profits is a measure of damages in patent infringement litigation. Apportionment generally refers to dividing profits on the sale of a particular piece of apparatus or a product according to the percentage of cost or sale price attributable to the patented invention and the portion not so attributable.

Overview Edit

Where the entire product is patented or the patented component contributes essentially all of the market value, apportionment is not required.

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