This March 2009 decision by the Federal Circuit’s judge Rader (sitting by designation) was the first of the recent cases that applied the Entire Market Value rule to royalty bases, thereby setting up more stringent requirements for computing the royalty base in patent infringement damages calculations. …LEARN MORE
Here, a California court rejects the use of a 50-50 profit split to determine a royalty rate (under Nash Equilibrium theory) and calls for an apportionment of the royalty base because the selected claims and patents only cover incremental improvements …LEARN MORE
In a memorandum opinion and order, Judge Davis finds that a jury’s damages award of $208 million was not supported by the evidence. Finding that the accused software features were not shown to have created the …LEARN MORE