Determining Your Royalty Base Under Section 271

Law360, New York (November 5, 2010, 1:55 PM EDT) -- Patent damages jurisprudence is evolving at a rapid pace, both through U.S. Court of Appeals for the Federal Circuit opinions such as Lucent v. Gateway and v. Lansa, and federal district case law like Cornell v. Hewlett-Packard Co. and IP Innovation v. Red Hat.

Courts have challenged patentees, attorneys and damages experts to more thoroughly support opinions as to the royalty rate through more sound economic proof, evidence of extent of use and precise apportionment of an infringer’s profits. Courts are also looking closely at...
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