Sufficiently Comparable License Obviates Further Apportionment for Reasonable Royalty

BVLaw
Court Case Digests
November 19, 2020
2834 Pharmaceutical Preparations
325412 Pharmaceutical Preparation Manufacturing
intellectual property
damages, royalty rate, expert testimony, reasonable royalty, royalty base, comparable, hypothetical negotiation

Vectura v. GlaxoSmithKline LLC
2020 U.S. App. LEXIS 36393; __ F.3d__; 2020 WL 6788757
US
Federal Court
Federal Circuit
United States Court of Appeals
Kimberly J. Schenk (plaintiff); Dr. William Kerr (defendant)
Bryson

Summary

Federal Circuit affirms plaintiff’s damages theory that relies on sufficiently comparable license to calculate reasonable royalty; court says there is an assumption that apportionment was built into negotiations for comparable license, obviating need for further apportionment in instant case.

See Also

Vectura v. GlaxoSmithKline LLC

Federal Circuit affirms plaintiff’s damages theory that relies on sufficiently comparable license to calculate reasonable royalty; court says there is an assumption that apportionment was built into negotiations for comparable license, obviating need for further apportionment in instant case.