The Role Of Conjoint Surveys In Reasonable Royalty Cases

Law360, New York (October 16, 2013, 6:37 PM EDT) -- Experts in reasonable royalty cases typically must identify the portion of the defendant's profits attributable to the patent-infringing components of a complex product using the approach established by the Georgia Pacific factors.[1] However, the evidentiary standards for this profit apportionment approach have become increasingly stringent. Specifically, the Uniloc decision struck down the long-standing 25 percent rule on the grounds that the rule was not tied to the facts of the case.[2] And rulings by the court in ResQNet and several later cases have greatly increased the scrutiny of license agreements that would be accepted as comparables.[3]

Given these changes, litigants in...

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