Reasonable Royalty Takeaways From Fed. Circ. In 2015
Law360, New York (March 24, 2016, 11:10 AM EDT) -- After many years of issuing “revolutionary” decisions related to the analysis of reasonable royalty damages in patent infringement cases, 2015 was a year of comparative quiet for the Federal Circuit. Revolutionary decisions such as Uniloc, which abolished the use of the 25 percent rule, LaserDynamics, which codified consideration of the “smallest salable patent-practicing unit,” and ResQNet, which suggested that settlement agreements may be admissible, led to immediate changes in how reasonable royalties are determined. Rather, 2015 saw the Federal Circuit issue a series of more “evolutionary” decisions that refined key principles and provided guidance and clarification in interpreting the more “revolutionary”...
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