A patent owner is entitled to damages to compensate for infringement.According to venerable precedent, a prevailing patentee may seek the royalty that would result from a hypothetical negotiation occurring when the infringement began. Patent owners have used the "25% rule" as a starting point for determining what is "reasonable."Now the Federal Circuit admits that it has "passively tolerated" the rule, but declares it will no longer do so.
Joel Leeman is a partner at Sunstein, Kann Murphy & Timbers LLP, and devotes his practice to the litigation of patent and trademark disputes. He has extensive experience in handling technology-licensing disputes, as well as trade secret and general commercial litigation. He has represented clients--and lectured and written--in the areas of employee non-competition disputes, trade secret law, and international arbitration. Joel focuses on helping our clients resolve disputes efficiently—whether through arbitration, litigation or other methods—and in a manner that promotes their business objectives. He routinely advises clients regarding strategies for minimizing future litigation risks.
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