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. 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. 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.
Given these changes, litigants in...
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