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Expert Analysis

Georgia (Pacific) On My Mind

Law360, New York (June 14, 2011, 5:05 PM EDT) -- The Federal Circuit has engaged in an extensive revision of the law governing the determination of a "reasonable royalty." This development began at least with Cornell University v. Hewlett-Packard Company, 609 F. Supp. 2d 279, (N.D.N.Y. 2009). It continued with the decisions in Lucent Technologies Inc. v. Gateway Inc., et al, 580 F.3d 1301 (Fed. Cir. 2009), and Uniloc USA Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011), both of which indicated that stronger proof would be necessary to establish a "reasonable royalty" under 35 U.S.C. § 284....

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