Are “Market” Comparables Still Usable in Royalty Litigation? One Court Says Yes.
As federal courts have raised the bar on what may be considered a “comparable” license for setting a reasonable royalty rate, the use of third-party (“market”) licenses seems to be an uphill battle. The Orlando district court permitted a damages expert’s opinion that used market licenses as a starting point for his royalty rate. Here’s the why and how. …LEARN MORE