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As a measure of damages in patent-infringement litigation, apportionment generally refers to dividing the profits on the sale of a particular piece of apparatus or a product according to the percentage of cost or sale price attributable to the patented invention and a portion not so attributable. In instances where the entire product is patented or the patented component contributes essentially all of the market value, such apportionment is not required.
- Browse Related Terms: apportionment of profit, attorneys' fees award, exceptional case, indefiniteness of claim, Indemnity from Suit, Inducement to Infringe, lost profits, prejudgment interest, profits, royalty (reasonable royalty), willful infringement