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Definition[]

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[]

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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