Uniloc V. Microsoft Buries The 25 Percent Rule

Law360, New York (January 12, 2011, 2:28 PM EST) -- In Uniloc USA Inc. v. Microsoft Corp., decided on Jan. 4, 2011, the U.S. Court of Appeals for the Federal Circuit put the final nail in the coffin of the so-called “25 percent rule,” upon which many patent infringement plaintiffs have relied as a basis for their damages claims.

The Uniloc court also squarely rejected the use of total product revenues as a check on the “reasonableness” of a plaintiff’s proposed reasonable royalty unless the plaintiff has presented evidence to establish that the Entire Market Value...
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