Courts around the world have determined appropriate methodologies for calculating damages on standard essential patents (SEPs) for which patent holders have made an assurance to license on fair, reasonable and non-discriminatory (FRAND) terms. Determinations of patent holdup, licensee holdout, use of worldwide portfolio licensing, incremental value rule, etc. are included in these decisions. The court determines damages based on the below-referenced judgments and FRAND terms when reviewing SEP infringements. Under most patent laws, infringement damages are set based on factors including actual loss due to infringement, if the actual loss is difficult to determine, gains of the infringer, and if both actual loss and gains are not available—determination of appropriate multiples of a reasonable royalty fee.
Litigation
- The New Copyright Small Claims Board Presents Problems for Copyright Owners and Small Businesses
- Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
- CAFC Reverses In-Part, Vacates In-Part PTAB Finding of Patentability for Skin Cancer Detection Device
- UK Judge Backs Meghan Markle over Leaked Letter
- Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
Recent Posts
- Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions
- Design Patents: Under Utilized and Overlooked
- Deciding Where to Obtain International Patent Rights
- The New Copyright Small Claims Board Presents Problems for Copyright Owners and Small Businesses
- From Home Security to VoIP: Honoring Black Women Inventors of the Last Half-Century