The 25% Rule Lives On

Law360, New York (September 8, 2010, 11:45 AM EDT) -- Reports of the imminent demise of the 25 Percent Rule have been greatly exaggerated. In a recent guest column in IP Law360, economists Alan Cox and Stephen Rusek contend that several new decisions by the U.S. Court of Appeals for the Federal Circuit suggest that use of the 25 Percent Rule has no place in reasonable royalty analysis, and that use of the rule should be rejected in “Daubert motions, in verdicts or in post-trial judgments as a matter of law.”[1]

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