Definition[]
Apportionment of profits is a measure of damages in patent infringement litigation. Apportionment generally refers to dividing 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 the portion not so attributable.
Overview[]
Where the entire product is patented or the patented component contributes essentially all of the market value, apportionment is not required.