Raising The Bar On Proving Damages

Law360, New York (April 19, 2011, 2:06 PM EDT) -- “A reasonable royalty is the predominant measure of damages in patent infringement cases.”[1] As such the admissible methods to determine a reasonable royalty are of foremost concern to patent holders looking to enforce their rights as well as accused infringers in defending their interests.

In this statement from the recent Uniloc v. Microsoft case, the United States Court of Appeals for the Federal Circuit made two significant changes to the methods open to patentees in proving damages — eliminating the so-called “25 percent rule” and further...
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