More Objective Patent Damages Assessments

Law360, New York (October 12, 2009, 1:22 PM EDT) -- In U.S. patent litigation, the courts will award infringement damages in the form of lost profits and/or a reasonable royalty. Because most patent plaintiffs cannot meet the evidentiary burdens to recover lost profit damages, the form of damages commonly awarded to patent holders is the reasonable royalty.

The amount of the reasonable royalty requires a determination of the royalty rate and the royalty base. The rate times the base provides the damages figure.

With regard to establishing the royalty rate, the U.S. federal courts have been...
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