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Globalised supply chains present damages calculations challenges

Peter Leung, Washington DC


Should foreign sales be considered when setting the royalty base in a patent infringement suit? That’s the question presented before the Federal Circuit in Tuesday’s oral arguments for Marvell Technology v Carnegie Mellon University (CMU)

The case centres around two of CMU’s patents involving reading data from hard drives (patents 6,201,839 and 6,438,180). In the trial at the Western District of Pennsylvania, the jury found that Marvell’s chips wilfully infringed the patents, and based on...


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