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Patent damages 25 rule is dead

  • Holland & Knight LLP
  • -
  • USA
  • -
  • May 11 2011

On January 4, 2011, the U.S. Court of Appeals for the Federal Circuit found that the so-called “25 percent rule of thumb” analysis long used by damages experts in patent cases to calculate a “reasonable royalty” is “fundamentally flawed.” Uniloc v. Microsoft (Fed. Cir. 2011

Fed. Circuit rejects “25 percent rule of thumb” in calculating patent case damages in patent cases

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 7 2011

On January 4, 2011, the U.S. Court of Appeals for the Federal Circuit found that the so-called “25 percent rule of thumb” analysis long used by damages experts in patent cases to calculate a “reasonable royalty” is “fundamentally flawed.”