Determining the value of a patent or a patent portfolio is no easy task. This is especially true for the semiconductor industry, where a single infringing product may be covered by hundreds—if not thousands—of other patents. Adding to this complexity, new developments in U.S. patent damages law have the potential to alter the value of semiconductor patents significantly. Recent court decisions have increasingly emphasized the importance of the smallest salable patent-practicing unit (SSPPU) in assessing damages for infringement. In this article, Finnegan attorneys Rajeev Gupta and J. Preston Long discuss how semiconductor device manufacturers might be able to take advantage of this trend to maximize the value of their own patents and to minimize their infringement liability.
Previously published on Embedded.com
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