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"25% Rule" is Drawn and Quartered

According to venerable precedent, a prevailing patentee may seek the royalty that would result from a hypothetical negotiation occurring when patent infringement begins. Patent owners have used the "25% rule" as a starting point for determining what is "reasonable." In Uniloc USA...

Bensen on Patent Damages Landmark Ruling: Uniloc USA, Ltd. v. Microsoft Corp.

In Uniloc USA, Inc. v. Microsoft Corp ., 2011 U.S. App. LEXIS 11 (1st Cir. R.I. Jan. 4, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the Federal Circuit held that: (i) the 25% Rule is a "fundamentally flawed tool"...