Measuring Marketing: Using Content Analysis To Evaluate Relative Value In Valuation And Reasonable Royalty Analysis

By DeForest McDuff and Daryl Fairweather

In valuation and reasonable royalty analysis, economic experts often seek to measure the contribution of a technology to a particular product sold in the marketplace. In recent years, courts have instructed experts to apportion royalties and economic damages to the value contributed by a patented feature relative to non-patented features.1 While this instruction is straightforward in theory, experts are often left with the challenging task of reliably quantifying an apportionment for a specific feature within a complex product.

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