Comparables: The Use and Misuse of Benchmark Royalty Rates for Patent Damages
Los Angeles, California
25 October 2007
Hosted By: NERA Economic Consulting
NERA presented another in an occasional series of luncheon seminars on timely topics in intellectual property law. On Thursday, 25 October 2007 in Los Angeles, David Enzminger of O'Melveny & Myers joined NERA Senior Vice President Dr. Lawrence Wu for a panel discussion entitled "Comparables: The Use and Misuse of Benchmark Royalty Rates for Patent Damages." The panelists discussed:
- how to determine if a license for a technology is comparable or if the so-called benchmark royalty is relevant,
- the reasoning behind the use of commonly applied benchmarks and when it make sense to use these benchmarks, and
- how courts, juries, and attorneys view analyses based on benchmarks or comparables.
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