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Latham & Watkins LLP | USA | 1 Mar 2011

An end to the rule of thumb: Uniloc USA, Inc. v. Microsoft Corp

Before the Federal Circuit’s recent decision in Uniloc USA, Inc. v. Microsoft Corp., patentees often used the so-called 25 percent rule to approximate a reasonable royalty ratei.e., the royalty rate that an accused infringer would have paid to the patentee during a hypothetical negotiation at the time infringement began.

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