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.

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