A New 'Footprint' Paradigm For Reasonable Royalty Damages

March 11, 2015

It is time for a simplified approach to reasonable royalty damages. One that extracts and harmonizes the core concepts from the long line of precedent. One that alleviates the anxiety of multiplying a base by a rate and wondering whether the result represents the true value of a patented feature. I propose a new "footprint" approach named after the Federal Circuit’s useful analogy from the ResQNet case.

 

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