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...
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"...