SEPs Don't Need A Different Reasonable Royalty Analysis
March 24, 2015
A modified Georgia‐Pacific analysis? A different selection of Georgia‐Pacific factors to include in the damages jury instruction for each case? A restriction on the date of hypothetical negotiation for any standard‐essential patent? Please, courts, do not continue to impose these requirements or adopt any new “rules” specific to reasonable royalty damages for SEPs. The fact that a patented invention is essential to practicing a standard does not necessitate a change in the damages analysis, if carried out properly.
All Content © 2003‐2015, Portfolio Media, Inc.
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.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.