A Coming Collision Over Patent Settlement Licenses?

Law360, New York (April 3, 2012, 1:21 PM EDT) -- Patent litigants have recently seen two clear trends at the Federal Circuit.

Trend 1: Heightened Review of Damages Calculations

Recent Federal Circuit decisions have (1) rejected the 25 percent rule (a shorthand analysis that attributes 25 percent of profit to intellectual property); (2) restricted the application of the entire market value rule (under which the value of an entire product is the royalty base where a component of that product infringes); and (3) required litigants to show the comparability of licenses offered to show the amount...
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