Federal Circuit Rejects the Use of the 25 Percent "Rule of Thumb" in Calculating Reasonable Royalty for Patent Infringement

On January 4, 2011, the Federal Circuit Court issued its decision in Uniloc USA, Inc. v. Microsoft Corp., No. 2010-1035 (Fed. Cir. Jan. 4, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], rejecting the use of the 25 percent rule...

Greenberg Traurig, LLP: Federal Circuit Kills 25 Percent Rule

The attached GT Alert reviews a recent Federal Circuit patent damages opinion that will be useful for patent infringement defendants generally, but particularly for companies whose high-revenue, highly bundled products are accused of infringing patents addressed to only a small portion of the...