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Expert Analysis

Reasonable Royalties: All About That Base ... Or That Rate

Law360, New York (December 18, 2014, 11:05 AM EST) -- The Federal Circuit has been beating the apportionment drum for some time when it comes to reasonable royalty patent damages. However, there has been some ambiguity as to whether that apportionment should primarily occur within the royalty rate, the royalty base or a combination of both. Until recently, Federal Circuit opinions have provided significantly more guidance and focus on apportionment of the royalty base. In the words of musician Meghan Trainor, the Federal Circuit seemed to be saying that it was "all about that base."...

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