The ruling of the Court of Appeals for the Federal Circuit in Uniloc USA, Ltd et al v. Microsoft Corp. has received considerable attention in the licensing community since it was issued in January 2011. The CAFC was unequivocal in its disparagement of the use of the so-called “25% Rule of Thumb” as the basis for the determination of a reasonable royalty rate in an analysis of damages presented in a patent infringement litigation, declaring its use inadmissible going forward. The potential implications of this important ruling were discussed in a workshop chaired by the authors at the 2011 LES Spring Meeting in New York.
June 07, 2011
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