25 Percent, 50 Percent ... What’s In A Number?

Law360, New York (June 21, 2011, 5:50 PM EDT) -- As has been much reported, in this venue and others, the United States Court of Appeals for the Federal Circuit, in its recent decision in Uniloc USA Inc. and Uniloc Singapore Private Limited v. Microsoft Corporation, determined that the so-called “25-percent rule” is a “fundamentally flawed tool” in patent damages calculations.

In particular, the court found the use of the 25-percent rule — in which the starting point (and, often, the ending point) for damages is an amount equal to 25 percent of the expected profits...
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