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Uniloc USA, Inc. v. Microsoft Corporation and the Entire Market Value Rule
The United States Court of Appeals for the Federal Circuit’s January 4, 2011 Uniloc USA, Inc. v. Microsoft Corporation decision made (as a matter of law) the 25 percent rule of thumb a flawed tool for determining a baseline royalty rate in a hypothetical negotiation. The Uniloc decision also cast light on the Federal Circuit’s latest thinking regarding application of the entire market value rule.
Posted May 20, 2011 | Permalink
Methodologies For Determining Patent Damages
Title 35, Section 284 of the United States Code, often referred to as the patent statute, states that patent infringement damages should be in an amount adequate to compensate the patent holder for the defendant’s infringement of the patent-at-issue, but in no event less than a reasonable royalty for the use of the invention.
Posted January 27, 2011 | Permalink