The Demise Of Junk Science And The 25% Rule

Law360, New York (July 28, 2010, 12:07 PM EDT) -- A patent owner whose intellectual property has been infringed is entitled to minimum compensation of a “reasonable royalty for the use made of the invention by the infringer.” Much of the current interest in patent reform appears to arise out of a widely held belief that many awards based on supposedly reasonable royalties have been excessive.

Some of these awards have resulted from the use of methods that have no rational, scientific or business basis but are merely rules-of-thumb applied using ad hoc techniques. Such awards...
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