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.



The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Related Publications

November 2020
Explaining the Almost Unexplainable
David Prange, Benjamen Linden, Vivek Biswas - Intellectual Property Magazine
October 2, 2020
Does an AB Rating Fill Out a Skinny Label?
Jeffrey Alan Hovden, Oren D. Langer
September 22, 2020
Herbal Patent Protection
Shui Li - 闻宁阁 American Intellectual Property
August 26, 2020
INSIGHT: Avoiding Trade Secret Claims After Seeing a Competitor’s Crown Jewels
Jake Holdreith, David Prange, Emily Tremblay - Bloomberg Law
Back to Top