The recent Uniloc U.S.A. v. Microsoft Corp.
decision—in which the U.S. Court of Appeals for the Federal Circuit abolished the 25% rule of thumb in patent infringement cases—“reaffirms the need for case-specific analysis of reasonable royalty damages,” say David Blackburn
and Svetla Tzenova
(NERA Economic Consulting). “NERA economists have long been performing this type of case-specific analysis by using the following structured two-step approach,” the authors add in their article, “The 25 Percent Rule in Patent Damages: Dead and Now Buried
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