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Morrison & Foerster LLP | USA | 5 Jan 2011

Damages experts in patent cases can no longer use the “25 percent rule of thumb” to determine royalty rates

How should a patent holder and a company that infringes a patent divide the profits obtained by use of the patent holder's invention? This question forms a vital part of the "hypothetical negotiation" that determines the damages that are awarded in most patent cases.

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