Posts Tagged: reasonable royalty


Telebrands loses $12.3 million verdict for willful patent infringement of Bunch O Balloons

On November 21st, a jury verdict entered in the Eastern District of Texas awarded $12.3 million in damages to Tinnus Enterprises and ZURU Ltd. in a patent infringement …
By Steve Brachmann
9 days ago 17

Philips, ZOLL closing in on a settlement of patent litigation over defibrillator technologies

On November 28 the parties requested an extension of the temporary stay, explaining: "The parties are still actively engaged in settlement discussions but require additional time to potentially …
By Steve Brachmann & Gene Quinn
14 days ago 0

A patent without enforcement value has no licensing value

Enforcement of patents through litigation occurs when licensing has failed to result in an arms length negotiated resolution. In other words, patent owners resort to litigation when …
By Gene Quinn
3 months ago 5

The Royalty Rate for a Subset of Standard Essential Patents – What Is Reasonable?

How can a patent that is deemed essential for a standard not be infringed in a product that implements that standard? One possible explanation could be that …
By Menno Treffers
2 years ago 2

A micro-economic estimate of the reasonable royalty rate for standard essential patents

The debate on RAND terms and conditions is mostly about the reasonability of the royalty rate, less about non-discriminatory part. So, what is a “reasonable rate”? Companies …
By Menno Treffers
2 years ago 1

Patent litigation report shows Samsung overtaking Apple as top defendant in 2015

2015 is the second straight year in which the list of top plaintiffs has been led by eDekka LLC, a patent holding company, which at times has been …
By Steve Brachmann
2 years ago 0

CAFC: Reasonable royalty in design infringement only if greater than infringer’s total profits

Damages for infringement of a design patent can be recovered for the greater of: (1) total profits from the infringer’s sales under 35 U.S.C. § 289, (2) damages in …

Should Ongoing Royalties be Enhanced for Bad Attitude?

In January 2013, Taiwan’s InnoLux Corp. filed an appeal with the Federal Circuit, requesting the Court to overturn an award of enhanced post-judgment (“ongoing”) royalties that appeared …
By Chris Neumeyer
5 years ago 5

California Dreaming and the Preposterous Posner Decision

How anyone with even the most fundamental understand of property rights and economics could say that infringing a patent does not result in a tangible injury is …
By Gene Quinn
5 years ago 9

The Smart Phone Patent Wars: What the FRAND is Going On?

This all came to a head when, on February 22, 2012, Microsoft Corporation filed a formal competition law complaint against Google with European Union antitrust regulators. Microsoft’s complaint …
By Raymond Millien
6 years ago 3

Setting the Record Straight on the Innovatio Patent Portfolio

Ray Niro responds --- There is nothing disingenuous about the licensing and enforcement of the Innovatio IP patent portfolio. Nor is this effort about “forcing quick licensing …
By Raymond P. Niro
6 years ago 4

CAFC: Reliance on Unrelated Licenses Doom Damage Award

the patented technology involved screen recognition and terminal emulation processes to download a screen of information from a remote mainframe computer onto a local personal computer (PC). …
By Eric Guttag
8 years ago 2

Entire Market Value Rule Lives As $357 Million Verdict Dies

The appeal in Lucent Technologies, Inc. v. Gateway, Inc. from the Southern District of California was considered in many quarters as the potentially seminal case on how …
By Eric Guttag
8 years ago 0