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Even the Value of the Smallest Salable Unit Must Be Apportioned

<i><b>Finjan, Inc. v. Blue Coat Sys., Inc.</b></i><p>The Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.

9 minute read March 01, 2018 at 12:03 AM
By
Matthew Siegal
Even the Value of the Smallest Salable Unit Must Be Apportioned

In Finjan, Inc. v. Blue Coat Sys., Inc., 16-2520 (Fed. Cir. Jan. 10, 2018), the Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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