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Laura W. Smalley, a member of Harris Beach, writes that the most common method used to calculate damages for patent infringement is a "reasonable royalty." A reasonable royalty is not an actual royalty or lost profits, but is a fictional device based on a hypothetical negotiation between the licensor and the licensee. The royalty is the amount that the parties would have agreed upon at the time the infringement began if both had been negotiating a royalty reasonably and voluntarily.
May 21, 2007 at 12:00 AM
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