Applying Patent Damages Law: 2016 Updates

07 September 2016
Hosted By: The Knowledge Group

Several recent cases have provided some guidance on what courts will accept in the calculation of reasonable royalties. In Summit 6, LLC v. Samsung Electronics Co., Ltd., the CAFC accepted a valuation of a patented feature based upon the frequency with which the product was used.  In VirnetX v. Apple the CAFC stated that apportionment may be needed below the level of the “smallest salable unit,” when multiple patents or technologies read on that unit. Ericsson v. D-Link addressed issues of “royalty stacking” and the need to attribute to a standard essential patent only the incremental benefits of the technology described in the patent, excluding the value of the standard itself. CSIRO v. Cisco provides some guidance on the use of real-world comparable licenses in determining a reasonable royalty and the appropriate royalty base.

NERA Senior Vice President and Chair of the firm’s Intellectual Property Practice Dr. Alan Cox will join a webinar panel to discuss these and other issues, including reasonable royalty damages, design patent damages, Daubert and evidentiary issues as well as the Georgia-Pacific hypothetical negotiation construct.

To register please visit the Knowledge Group website.

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