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  • Posts Tagged ‘Entire Market Value Rule’


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    August 18, 2011 Daubert, Entire Market Value Rule

    NY District Court Further Clarifies Entire Market Value Rule: Inventio AG v. Otis Elevator Co.

    Here, the district court precludes the proposed expert testimony of Dr. Russell Mangum, who intended to opine that the reasonable royalty base should consist of infringing Otis elevator installations because the patented feature …LEARN MORE

    August 16, 2011 25% Rule, Daubert, Entire Market Value Rule

    The Pendulum is Still Swinging: Uniloc v. Microsoft

    Two major holdings came out of this January 2011 decision: (1) the so-called 25% Rule is henceforth inadmissible, and (2) regarding the entire market value rule, plaintiff’s expert may not present to the jury the total sales …LEARN MORE

    August 7, 2011 Daubert, Entire Market Value Rule, Method Claims

    District Court Reviews Lucent’s New (2011) Damages Opinions

    On remand after the Federal Circuit’s 2009 decision (Lucent v. Gateway et al.), the district court reconsiders the appropriate royalty base then reviews four new damages approaches by Raymond Sims, Lucent’s damages …LEARN MORE

    August 5, 2011 Entire Market Value Rule

    VA Court May Have a Slightly Different Take on the Entire Market Value Rule: Activevideo v. Verizon

    This Virginia court ruled that the “patentee may base a reasonable royalty rate on the entire market value of an accused product where the evidence presented demonstrates that, in a hypothetical negotiation, it would be appropriate to do so.”  …LEARN MORE

    August 3, 2011 Entire Market Value Rule, License Agreement Comparability, Lump Sum

    Backgrounder: Lucent Technologies v. Gateway et al.

    In this patent infringement case, Lucent sought reasonable royalties of $562 million for Microsoft’s use of a patent covering a date-picker feature of Outlook, based on an 8% royalty applied to Outlook sales.  Microsoft countered that $6.5 million would be a reasonable royalty, and the jury awarded $358 million …LEARN MORE


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    IP Value Blog focuses on news and current court cases regarding intellectual property valuation. IP Value Blog is published by Eric Phillips of VLF Consulting.

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    25% Rule, Apportionment Techniques, Data Considered, Date of Hypothetical Negotiation, Daubert, Entire Market Value Rule, Forward Citation Analysis, Hypothetical Negotiation, Jury Verdict Form, License Agreement Comparability, Lost Profits, Lump Sum, Method Claims, Nash Equilibrium, Non-Infringing Alternatives, Patent Reform Act, Post-Judgment Royalty, Prejudgment Interest, Royalty Base, Royalty Rate, Surveys, Use of Settlement Agreements
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