Don’t Shoot The Methodology: Misuse Of Nash Bargaining

Law360, New York (March 12, 2014, 12:46 PM EDT) -- ​Despite recent controversy surrounding the Nash bargaining solution (NBS) in the field of reasonable royalty damages, proper application of the NBS is consistent with recent guidance from the circuit court that damages experts must consider the facts of the case in a rigorous economic framework.

In the field of economics, the Nash bargaining solution is a venerable and influential bargaining model, which formalizes one of the simplest yet most insightful paradigms in bargaining theory. Since its introduction in 1950, a number of more complex and strategic...
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