economic analysis litigation support expert testimony
Marianne Ley Hayek's published articles on patent infringement damages
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In this Law360 article, Marianne explains that Federal District Courts are adopting an increasingly strict interpretation of the "entire market value rule" when determining damages from the infringement of utility patents. Marianne argues that the recent Supreme Court decision in the Apple-Samsung phone wars may signal a similar trend in design patent cases.
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Drawing on her expertise in game theory, Marianne explains the Nash Bargaining Solution approach to determining a reasonable royalty rate in patent damages calculations.
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