The Limitations Of Analytical Approach To Reasonable Royalty

By Alan Cox, NERA Economic Consulting (April 13, 2017, 12:28 PM EDT) -- A recent guest article in Law360, "Determining Reasonable Royalties With Analytical Approach" (March 3, 2017), points out that many products accused of infringing patents are complex and multifeatured, with only a portion of those features covered by the patents in litigation. The author then suggests that the analytical approach "may be a helpful tool in the complex analysis often required to determine a reasonable royalty." In fact, the actual implementation of the analytical approach has little basis in business practice or in economics, and is generally inappropriate for the valuation of intellectual property. It is especially unsuited for complex products. At best, it may be suited for the valuation of a single enhancement of a very simple product, such as an improved game call.[1] Even for simple products, it will frequently result in error since, as the analytical approach article demonstrates, its proponents suggest different methods of implementation, resulting in very different estimates of a reasonable royalty for the same innovation....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!