Topic Archives: damages

A Futile Effort? Efforts to Clarify the Entire Market Value Rule

Company A owns a patent that tells the difference between CDs and DVDs. Company B infringes on A’s patent by incorporating A’s technology into the laptops B manufactures, which incorporates thousands of other patents. Generally in calculating damages, total royalties … Continue reading

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Uniloc v. Microsoft: Reducing the Potential to Recover Reasonable Royalty Rate Damages

In the recent Uniloc v. Microsoft (PDF), the Federal Circuit made two significant changes to the standards by which a patentee can recover damages from an infringer. First, the court abolished the “25% Rule of Thumb” which had previously been … Continue reading

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