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  • "25% Rule" is Drawn and Quartered: Court Rejects Popular Method for Computing Patent Infringement Damages (PDF)
 
 
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"25% Rule" is Drawn and Quartered: Court Rejects Popular Method for Computing Patent Infringement Damages (PDF)

Federal Circuit admits that it has "passively tolerated" the "25% rule", but declares it will no longer do so.


Availability: In Stock
Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 6 Pages , PDF

ISBN: 9781422429983

1/19/2011
 
$57.00
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    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.

     

    Ask the LexisNexis experts - and get a complete answer based on today’s law.

     

    An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender’, Mealey’s and Martindale-Hubbell’; treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.

     

    Emerging Issues Analysis PDFs should be purchased individually or accessed through Lexis.com if you have a subscription.

     

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