Meeting The New Standard For Reasonable Royalties

Law360, New York (February 3, 2011, 3:39 PM EST) -- U.S. district courts and the Court of Appeals for the Federal Circuit over the last few years have applied greater scrutiny to evidence presented in patent infringement cases. While the courts have provided some clear examples of the types of evidence and testimony they are likely to reject, patent holders and alleged infringers are without specific guidelines as to the precise evidence needed.

The courts have, however, emphasized that reasonable royalties should be consistent with “accepted economic principles” (IP Innovation v. Red Hat). This article describes...
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