25% Rule Does Not ‘Irretrievably Damage’ Royalty Analysis

Business Valuation UpdateVol. 19 No. 1
Legal and Court Case Update
January 2013
3842 Orthopedic, Prosthetic, and Surgical Appliances and Supplies
334510 Electromedical and Electrotherapeutic Apparatus Manufacturing
intellectual property

Energy Transportation Group, Inc. v. William Demant Holding A/S
2012 U.S. App. LEXIS 21200
October 12, 2012
US
Federal Court
Federal Circuit
United States Court of Appeals
Terry L. Musika (plaintiff); Jonathan D. Putnam (defendants)
Rader

Summary

Federal Circuit finds use of discarded 25% rule of thumb does not “irretrievably damage” expert’s royalty analysis because he also used acceptable alternative method, substantially supporting jury’s award.

See Also

Energy Transportation Group, Inc. v. William Demant Holding A/S

Federal Circuit finds use of discarded 25% rule of thumb does not “irretrievably damage” expert’s royalty analysis because he also used acceptable alternative method, substantially supporting jury’s award.