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Two Views Of Innovation, Colliding In Washington

Publication Date: 
January 13, 2008
Source: 
The New York Times
Author: 
John Markoff

Professor Mark Lemley is quoted in The New York Times about proposed patent reform legislation in which "damage calculations would be based on an economic analysis to ensure that a royalty damage award captures only the economic value attributable to the patent’s specific contribution over previous inventions:"

“I have to say I’m frankly astonished that apportionment has been this controversial,” said Mark A. Lemley, an intellectual-property scholar at Stanford who has testified in support of the legislation. “I can’t think of a straight-faced argument that you as a patent owner are entitled to more than your invention has contributed to a product.”