An Assignment's Effect On Hypothetical Negotiation

Law360, New York (February 7, 2008, 12:00 AM EST) -- A number of the Georgia-Pacific factors depend on the identities of the “willing licensor” and “willing licensee” in a damages calculation using a hypothetical negotiation to establish a reasonable royalty under 35 U.S.C. § 285.[1]

It is therefore no surprise that changing the licensor or licensee can dramatically change the result of the hypothetical negotiation determined by a fact finder applying Georgia-Pacific.

The substantial effect of the parties’ identities raises the issue of whether a patent owner can manipulate the identity of the willing licensor prior...
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