Nash Bargaining May Not Be Right For Patent Damages

Law360, New York (April 18, 2014, 9:37 PM EDT) -- A recent Expert Analysis article in IP Law360 described use of the Nash bargaining solution (or "NBS") as "a step in the right direction" in "establishing economic and scientific rigor" as required by courts in patent damages analysis.[1] While establishing such rigor is a worthy goal, using the NBS to calculate reasonable royalties in patent damages may not be a step in the right direction....

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