Blog Posts in January, 2011

  • 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. Upon finding for the claimant the court shall award the claimant damages ...
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  • Sharp Corporation Settles Patent Litigation

    Scott Hampton was retained by Sharp Corporation as a damages expert for Advanced Technology Incubator, Inc. v. Sharp Corporation , case number 2:07-CV-468, in the United States District Court for the Eastern District of Texas, Marshall Division. Advanced Technology Incubator, Inc. filed the action against Sharp and DAI Nippon Printing, alleging infringement of United States Patent Nos. RE 37,682 ...
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  • CAFC-The 25% Rule of Thumb is Fundamentally Flawed

    On January 4, 2011, the Federal Circuit found the “25% Rule” to be inadmissible as a basis for reasonable royalty damages in its Uniloc USA v. Microsoft opinion. The court said: “This court now holds as a matter of Federal Circuit law that the 25 percent rule of thumb is a fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation. Evidence relying on the 25 ...
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