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  • Posts Tagged ‘Royalty Base’


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    January 18, 2013 Daubert, Entire Market Value Rule, License Agreement Comparability, Royalty Base

    Court Wrestles with EMVR Issue of Smallest Saleable Unit

    This district court wrestles with a conflicting area of patent damages that we at VLF have previously identified: although the Fed. Circuit wants patent royalties to be based on the “smallest saleable unit,” it later rejected the use of MS Outlook (presumably the smallest saleable unit) as a royalty base.

    In this case, Plaintiff’s damages expert, Larry Evans, calculated damages based on Intel processors – the smallest saleable unit – …LEARN MORE

    December 18, 2012 Daubert, Entire Market Value Rule, Royalty Base

    WA Court May Allow Royalty Applied to Entire Product Despite Failing EMVR

    In a Daubert ruling, a Washington district court judged allows Motorola’s expert to testify that the reasonable royalty should apply to the complete product, despite failing to meet the entire market value rule.  In this patent infringement case related to Microsoft’s Xbox 360, …LEARN MORE

    July 26, 2012 Apportionment Techniques, Entire Market Value Rule, Royalty Base

    TX Court: EMVR Apportionment Need Not Be Based Upon Actual Price of the Component

    The Fractus v. Samsung case poses an interesting question: Where Fractus seeks a reasonable royalty on patented antennas, which it had actually sold in the past to Samsung, should the royalty base simply be that actual price, or can other techniques be used to account for the value of the antenna within the cell phone? …LEARN MORE

    August 1, 2011 Daubert, Entire Market Value Rule, Royalty Base

    Backgrounder: Cornell University v. Hewlett Packard Company

    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


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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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    TAGS

    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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