"In recent years, developments in U.S. patent damages law suggest an increased magnitude of reasonable royalty awards, particularly through court precedents affecting foreign economic impact and value in downstream markets."
"Reasonable royalty damages may now include the value of foreign economic activity from domestic infringement, allowing for higher awards as exemplified in Brumfield v. IBG LLC, effectively broadening the scope of what can be considered for damages."
"The concept of reasonable royalty damages based on downstream product value, as established in Cal. Inst. of Tech. v. Broadcom, showcases how component suppliers can factor in broader market impacts and thus receive larger damages."
"The hypothetical negotiation method, long utilized in patent law, focuses on assessing the incremental value added by the invention and how that value would be negotiated between parties, affecting damages calculations significantly."
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