Lessons From Post-Uniloc Cases

Law360, New York (September 14, 2011, 3:55 PM EDT) -- The recent decision in Uniloc USA Inc. v. Microsoft Corporation has done more than reverse years of reliance on the “25-percent rule.” If recent decisions in the federal district courts are any indication, it has caused — or at least signaled — an increased focus on the logical and legal support for damages allegations in patent cases.

In Uniloc the Federal Circuit rejected use of the “25-percent rule of thumb” as inconsistent with the standards set forth in Daubert v. Merrell Dow Pharmaceuticals Inc. Specifically, the...
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