X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Federal Circuit’s recent decision in Uniloc USA, Inc. v. Microsoft Corp. continued the court’s trend toward increasing scrutiny over the award of damages in patent infringement cases. In Uniloc, the Federal Circuit held that, as a matter of law, the “25 percent rule” is a fundamentally flawed tool for determining a reasonable royalty. The court also clarified that the entire market value of an accused product may only be used to determine a reasonable royalty where the patented feature either creates the basis for customer demand or substantially creates the value of the component parts.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.