Evaluating Reasonable Royalties After ResQNet

Law360, New York (October 14, 2010, 6:25 PM EDT) -- “The court observes as well that the most reliable license in this record arose out of litigation.”[1]

Some have argued that the Federal Circuit’s 2010 ResQNet decision reversed age-old jurisprudence that generally made litigation settlements irrelevant in the consideration of reasonable royalties. Nothing could be further from the truth. However, recent district court opinions have varied and brought limited clarity to the situation.

This article provides a discussion on the current case law and some practical advice for advising clients on how to proceed in what...
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