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
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction
- ‘Sacrifices’: PTAB Reform Act Would Limit Fintiv Denials
- Conflicting Precedent for the Supreme Court in American Axle
Recent Posts
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Other Barks & Bites for Friday, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm
- Sotera Declarations Less Likely Given Vidal Memo on PTAB Discretion